SHERIFF'S DUTIES ORDINANCE, 1884

No. 2 of 1884.

To make provision for the performance of certain duties formerly
attaching to the Office of Sheriff. [10th June,1884.]
WHEREAS ,on account of the abolition of the office of Sheriff,it is
necessary tomake provision for the performance of certain duties
in connexion with the execution of criminal sentences formerly
attaching to the said office:-

1.The Sheriff's Duties Ordinance,1884.
2.All such duties in relation to the execution of any sentence
or judgment imposed or awarded by any Court or Judge exercising
criminal jurisdiction as attached to the office of Sheriff at the time
of the passing of Ordinance No.22 of 1882,namely,19th Decem-
ber,1882,and in respect of which no other provision has been
made at the commencement of this Ordinance,shall be attached
to the office of Superintendent of the Gaol,and shall be discharged
by the person acting in that office or his lawful deputy.
Short title. Superintendent of Gaol entrusted with duties of Sheriff.

Short title. Superintendent of Gaol entrusted with duties of Sheriff.

https://oelawhk.lib.hku.hk/items/show/812

MEDICAL REGISTRATION ORDINANCE, 1884

No. 1 of 1884.
To regulate the qualifications and to provide for registration of
Practitioners in Medicine and Surgery.
[5th April,1884.]
1. The Medical Registration Ordinance, 1884.






2. The words 'person registered', or words to the like effect,
shall be deemed to refer to a person registered under this
ordinance.

3. This Ordinance shall not operate to limit the right of Chinese
practitioners to practise medicine or surgery or to receive, demand,
or recover reasonable charges in respect of such practice.

4. The Colonial Secretary shall keep a register of medical and
surgical practioners qualified to practise medicine and surgery in
this Colony, as nearly as may be according to the form 1 in the
schedule.
5. A copy of the register as it then stands shall he published by
the Colonial Secretary in the first Gazette issued after every 3rd
May. The absence of the name of any person therefrom shall be
prima facie evidence that such person is not registered.

6.-(1) The Colonial Secretary shall make the necessary allera-
tions in the addresses or qualifications of the persons registered,
and cancel in the register the names of all persons registered who
have died or ceased to be qualified.
(2) The Colonial Secretary may send a letter to any registered
erson, addressed to him according to his address in the register,
to inquire whether he has changed his residence, and if he does not
receive an answer within 6 months he may cancel the name of
such person.

7. Every person registered shall be entitled to practise medicine
and sargery in this Colony, and to demand and recover reasonable
charges for medical or surgical aid rendered and the cost of medi-
cines or surgical appliances supplied by him.

8. Subject to the provisions of section 3, no person shall be
entitled to recover in any action any charge for any practice of
medicine or surgery by any person not registered.

9. No certificate which is, by any Act of Parliament or Ordi-
nance, required to be signed by a physician, a surgeon, an

apothecary, or any other medical or Surgical practioner shall be
valid unless the person signing it is registered.






10-(1) A board,to be styled 'the Medical Board,' shall be
established, and shall consist of the Principal Civil Medical Office

and the Senior Naval and Military Medical Officers for the time
being in the Colony, and two regisiered medical practitioners and
three other fit persons willing to serve who may be appointed by
the Governor.
(2) A member appointed by the Governor shall hold office for 3
years, and may be re-appointed or removed by the Governor at his
pleasure.
(3) Three members of the Board shall form a quorum.

11. Any person claiming to be entitled under the Medical Acts,

1858 and 1886, of the Imperial Parliament ,or any Act amending
the same, to be registered under this Ordinance shall be so re-
gistered on producing to the Colonial Secretary a declaration

according to the form 2 in the schedule,made by him before any
justice of the Peace and impressed with a stamp of 5 dollars:
Provided always that the name of such person appears in 'The

Medical Register' then most recently published under the
Medical Act, 1858, or that such person produces to the Colonial
Secretary a certified copy of the entry of his name in the general
register or in any branch register of the United Kingdom,signed
by the Registrar of the General Medical Council or of any Branch
Council of the United Kingdom.

12. Any person who-
(1) is registered is a medical or surgical practitioner according

to the law of any of His Majesty's dominions (other than the
United Kingdom and this Colony) and therein is entitled or quali-
fied to practise medicine, surgery, and midwifery ; or

(2) holds a medical diploma, degree, fellowship, membership,
licence, authority to practise, letters testimonial, certificate,or
other status or docurnent granted by any university, corporation,
college, or other body, or by the Hongkong College of Medicine
for Chinese, or by any department of or person acting under the
authority of the Government of any country or place within or
without His Majesty's dominions, qualifying or entitling him to

practise medicine, surgery, and midwifery in the country or place
where it is granted,





shall be entitled to be registered : Provided always that such person
shall prove, to the satisfaction of the Medical Board, that he is of
good character and that he has passed through a course of study
and examination as thorough and sufficient as the minimum course
of study and examination in any similar case required under the
said Medical Acts, or by Order of His Majesty's Privy Council.

13.-(1) Documentary or other evidence of the identity of any
person applying for registration under the last section and of the
facts and qualifications therein referred to shall be submitted to
and forthwith considered by the Medical Board.
(2) If the Board is satisfied with the proofs submitted, it shall
grant to such person a certificate in the form 3 in the schedule or
as near thereto as circumstances permit.
(3) Such certificate shall be impressed with a stamp of 25
dollars, and, on production to the Colonial Secretary
such person to registration as a medical practitioner.
(4) If the Board is not satisfied that sucb person has been
registered as aforesaid, or with his diploma or other document as
aforesaid, or with the evidence of qualication,or with the
character of the applicant, it shall submit the case,with a full
report thereon,together with all documents in connexion there
with, to the Governor-in-Council, who shall decide whether the
Board shall or shall not give the certificate as aforesaid,and such
decision shall be final.
14. If any registered practitioner is convicted of any felony or
misdemeanor,or, after due inquiry, is considered by the Medical
Board to have been guilty of infamous conduct in any professional
respect, the Board may inform the Colonial Secretary thereof,
stating the particulars of the case in full, who may thereupon,if
he thinks fit, strike the name of such practitioner off the register.

15. Every person who wilfully makes before any Justice of the
Peace any false declaration,purporting to be a declaration under

this Ordinance, shall be guilty of perjury.

16. Every person who fraudulently procures or aftempts to pro-
cure himself or any other person to be registered by making or
producing, or causing to be made or produced, any false or fraudu-






lent representation or declaration, either oral or in writing, and
every person who aids and assists him therein, shall be guilty of
a misdemeanor, and shall be liable to imprisonment for any term
not exceeding 2 years.

17. Every person who--
(1) wilfully and falsely takes or uses any name, title, or addition
implying a qualification to practise medicine or surgery; or
(2) not being registered practises for gain, professes to practise,
or publishes his name as practising, medicine or surgery, or re-
ceives any payment as practising medicine or surgery,
shall be liable for each offence, on summary conviction, to a fine
not exceeding 100 dollars.

18.-(1) All questions respecting the right of any person to be
registered, or the mode of registration, or the liability of any per-
son to be struck off the register, and all questions respecting any
alteration of the register, shall, in case of dispute, be decided by
the Medical Board, subject, to an appeal to the Governor-in-Council.
(2) If there is no such appeal, the order, direction,or decision
shall be final.
(3) If there, is such an appeal, the decision of the Governor-in-
Council shall be final, and he may give all such directions to the
Colonial Secretary as may be necessary for enforcing such decision.

19. All civil medical officers and all medical officers of His
Majesty's Navy and Army, respectively serving in this Colony on
full pay, shaII be deemed to be registered practitioners.
[s, 20, rep. No. 62, of 1911.]

SCHEDULE.

FORM No. 1. [s.4.]
Medical Register.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY.

FORM No. 2. [s.11.]
Declaration.
I,A.B., residing at do hereby declare that I am a member [or as
the case may be] of [here state the college,faculty,or society]and was authorised
by such [here state the college,faculty,or society which gave the authority] on the
day of ,1 ,to practise medicine and surgery ,and that I am,by
the name of A.B., duly registered in the United Kingdom under the provisions of the
Medical Acts,1858 and 1886,[or as the case may be]of the Imperial Pailiament as
qualified to practise medicine and surgery.
(Signed.) A.B.
Declared before me
this day of ,19 .
(Signed.) C.D., Justice of the Peace.

FORM No. 3. [s.13.]
Certificate of Qualification for Registration.
HONGKONG.
WE,the Medical Board,do hereby certify that A.B., has satosfied us that
he has been registered under the law for the time being in force in
[or that he holds a diploma or other document from as the
case may be];that he is qualified or entitled to practise Medical, Surgery,
and Midwifery in the said country[or plasce];that he is of good character;
that he has passed the necessary course of study and examination required by the
Medical Registration Ordinance,1884;and that he is entitled to be registered under the
said Ordinance.
Dated the day of ,19 .
(Signed.) Secretary to the Board.
Short title. Interpretation. Exemption of Chinese practitioners. Register of practitioners. Publication of copy of register. Making alterations in register. Registered person may practise and recover charges. Unregistered person not to recover charges. Avoidance of certificate of unregistered person. Constitution of Medical Board. Registration of person qualified under the Medical Acts. [21 & 22 Vict.c. 90; 49 & 50 Vict.c. 48.] Registration of person qualified in other Colony or country. Evidence of qualification of person applying to be registered. Striking practitioner off register for crime or infamous professional conduct. Making false declaration. Fraudulent registration. Penalty on person falsely taking name implying qualification. Right of appeal of Governor-in-Council. Saving as to civil and naval and military medical officers.

Short title. Interpretation. Exemption of Chinese practitioners. Register of practitioners. Publication of copy of register. Making alterations in register. Registered person may practise and recover charges. Unregistered person not to recover charges. Avoidance of certificate of unregistered person. Constitution of Medical Board. Registration of person qualified under the Medical Acts. [21 & 22 Vict.c. 90; 49 & 50 Vict.c. 48.] Registration of person qualified in other Colony or country. Evidence of qualification of person applying to be registered. Striking practitioner off register for crime or infamous professional conduct. Making false declaration. Fraudulent registration. Penalty on person falsely taking name implying qualification. Right of appeal of Governor-in-Council. Saving as to civil and naval and military medical officers.

https://oelawhk.lib.hku.hk/items/show/811

PEAK TRAMWAY ORDINANCE, 1883

No. 2 of 1882.
For authorising the construction of the Peak Tramway.
[3rd November,1883.]
1. The Peak Tramway Ordinance, 1883.






2. In this Ordinance,-
'The company' means the persons to whom the promoters of
the undertaking have assigned, with the assent of the Governor-in-
Council, their rights and privileges in connection with the construc-
tion of the tramway:
'Carriage' includes all carriages, cars, and trucks used upon
the tramway:
'The works' or 'the undertaking' means the works or under-
taking of whatever nature which by this Ordinance are or is
authorised to be executed.

3.-(1) The company may construct and maintain, subject to
the provisions of this Ordinance and in accordance with the plan
which has been deposited as hereinafter mentioned, the tramway
hereinafter described, with all proper stations, crossings, passing-
places, sidings, junctions, rails, turn-tables, plates, offices, weigh-
brIdges, sheds,and conveniencesn connected therewith or for
the purposes thereof, and may work and use the same.
(2) The tramway authorised by this Ordinance is a partly single
and partly double line, commencing on the south side of the south-
west boundary of the War Department land at its junction with
Garden Road, thence passing in a southerly direction up the hill-
side to Victoria Gap, crossing over Kennedy and Plantation Roads
by means of bridges, and terminating at Victoria Gap, at a point
on the north side of Farm Lot No. 53 : Provided that such altera-
tions as the company may think fit may be made in the position
of the rail-tracks of the tramway as shown on the plan thereof
deposited by the company in the Public Works Office, so long as
they are within the limits of deviation shown on the said plan.

4. Subject to the upproval of the Governor-in-Council, the com-
pany way alter the levels of the ground on which the traillway is
laid, make and construct all necessary cuttings and embankments,
bridges, viaducts, culverts, catch-water drains, and other works,
and divert streams: Provided always that the earth excavated and
thrown to waste is disposed of in such manner as to prevent its
being washed down by rain into the harbour.





5. Subject to the approval of the Governor-in- Council, after
timely and adequate notification by public advertisement or other-
wise of the intention of the company to apply for such approval,
the company may construct and maintain, subject to the provisions
of this Ordinance and in accordance with plans to be previously
deposited in the Public Works Office, all such crossings, passing
places, sidings, junctions, turn-tables, and other works in addition
to those, particularly specified in and withorised by this Ordinance

as may be approved by the Governor-in-Council, and may work
and use the same.

16. The tramway shall be constructed on a gauge not exceeding
5 feet in width, and with steel rails, which shall, before, being laid
down, be approved by the Director of Public Works.

17-(1) Where the tramway, or any work connected therewith,
interferes with any sewer, drain, water-cotirse, or sub-way, or in
any way affects the sewerage or drainage of the Colony, the com-
pany shall not commence such tramway or work until it has given
to the Director of Public Works 14 days notice in writing of its
intention to do so togetber with all necessary particulars relating
thereto, nor until the said Director has signified his approval of
the same, unless he does not signify his approval,disapproval,or
other directions within 14 days after service of the said notice and
particulars.
(2) The company shall comply with the directions of the Direc-
tor of Public Works in the exectition of the said works and shall
provide by new, altered or substituted works, in such manner as
he may require, for the proper protection of,and for preventing
injury or impediment to, the sewers and works hereinbefore re-
ferred to by or by reason of the tramway, and shall save harmless
the said Director against the expense occasioned thereby.
(3) All such works shall be done by or under the superintendence
of the said Director, at the cost and expense of the company.
(4) When any new, altered, or substituted work is completed
the same shall thereafter be as completely under the control of the
said Director, and be maintained by him, as any other sewers or
works.






8. If any difference arises between the company and the Direc-
tor of Public Works with respect to any interference or control
exercised or claimed to be exercised by, the company or the Direc-
tor, by virtue of this Ordinance, in relation to the tramway or any
work, or in relation to any work or proceeding of the said Director,
or with respect to the propriety or the mode of execution of any
work relating to the tramway, or on the question whether any
work is such as ought to satisfy the said Director, or with respect
to any other subJect or thing regulated by or comprised in this
Ordinance, the matter in difference shall (unless otherwise specially
provided for by this Ordinance) be settled by the Governor-in-
Council, on the application of either party.

9. The tramway shall not be opened for public traffic until the
same has been certified to be fit for such traffic by the Director of
Public Works, and the Governor-in-Council has, by notificatlon in
the Gazette, authorised the saine to he opened for such traffic.

10.-(1) If the company discontinues the working of the tram-
way or of any part, thereof for the space of 6 months, (such
discontinuance not being occasioned by circunistances beyond the
control of the company, the want of sufficient funds not being
considered a circumstance beyond its control), the Governor-in-
Council may, by order, declare that the powers of the company
in respect of such tramway, or the part thereof so discontinued,
shall, from the date of such order, be at an end, and thereupon
the said powers of the company shall cease and determine,unless
the tramway is purchased by, the Government in the manner
provided by this Ordinance.
(2) Where any such order has been made, the Director of
Public Works way, at any time after the expiration of 12 months
from the date, of such order, under the authority of a certificate to
that effect, remove the tramway or part of the tramway so dis-
continued, and the company shall pay the, cost of such removal
which shall be certified by the said Director, and the certificate
shall be final and conclusive.
(3) If the company fails to pay the amount so certified within
2 months after delivery of such certificate or a true copy thereof,
the said Director may, without previous notice to the company (but
without prejudice to any other remedy which he may have for the





recovery of the amount),sell and dispose of the materials so
removed, either by public suction or private sale,and for such sum
and to such person as he may think fit, and may,out of the pro-
ceeds of such sale, reimburse himself the amount of the cost
certified as aforesaid and of the cost of sale,and the balance, if any,
shall be paid to the company.

11. If it appears to the Governor-in-Council that the company
is insolvent, so that it is unable to maintain such tramway or work
the same with advantage to the public ,the Governor-in-Council
may inquire into the financial affairs of the company, and if it
appears that the company is so insolvent as aforesaid, he may, by
order, declare that the powers of the company shall, at the expira-
tion of 6 months from the making of the order, be at an end, and
the powers of the company shall cease and determine at the
expiration of the said period, unless the tramway is purchased by
the Government in the manner provided by this Ordinance ; and
thereupon the Director of Public Works may remove the tramway
in like manner and sunject to the same provisions as to the pay-
ment of the cost of such removal, and to the same remedy for
recovery of such cost, in every respect, as in cases of removal under
the last section.

12-(1) The Governor-in-Council may, within 6 months after
the expiration of 28 years from the time when the company was
empowered to construct the tramway,and within 6 months after
the expiration of every subsequent period of 7 years, or within 3
months after any order made by the Governor-in-Council under
either of the last two sections, by notice in writing require the
company to sell, and thereupon the company shall sell, to the
Government its undertaking on the terms of paying the then value
(exclusive of any allowance for past or future profits of the under-
taking or any compensation for compulsory sale or other considera-
tion whatsoever) of the tramway, and all lands, buildings, works,
materials, and plant, suitable to and used for the purposes of its
undertaking, such value to be, in cases of difference, determined
upon petition to the Court in a summary way.
(2) When any such sale has been made, all the rights, powers,
and authorities of the company in respect of the undertaking sold,






or, where any order has been made by the Governor-in-Council
under either of the last two sections, all the rights, powers, and
authorities of the company previous to the making of such order
in respect of the undertaking sold, shall be transferred to, vested
in, and may be exercised by the Government.

13. The carriages used on the tramway rnay be moved by means
of locomotive or stationary engines and steel-wire ropes, or by such
other mechanical power as the Governor-in-Council may approve.

14. Every carriage vised on the trainway shall be so constructed
as to provide, for the safety of passengers and for their safe entrance
to and exit from, and accommodation in such carriage, and their
protection from the machinery used for drawing or propelling such
carriage.

15. The Director of Public Works or any officer appointed for
that purpose by the Governor in writing, may inspect any engine
or carriage used by the company and the machinery: therein, and
also any rope or other machinery of the tramway and report
thereon ; and the Governor may, by order, prohibit the use of
any such engine, carriage, rope, or machincry which may be re-
ported to be unsafe or unfit for use.

16-(1) Subject to this Ordinance, the Govern or-in-Council
may make regulations withto the working and control of
the tramway as well as for any of the following purposes:-
(a) for regulating the use of the warning apparatus affixed to
the engines or used in any other way
(b) for regulating the emission of smoke or steam from the
engines;
(c) for providing that engines and carriages shall be brought to
a stand at such places, and in such cases of impending danger, as
may be deemed proper for securing safety;
(d) for regulating the entrance to, exit from, and accommoda-
tion in the carriages and the protection of passengers from the
machinery of any engine used for drawing or propelling such
carriages;






(e) for regulating the rate of speed of the engines and carriages
provided that the speed shall not exceed the rale of 10 miles all
hoiw, and that no engine or carriage may pass through movable
facing points at a pace exceeding the rate of 4 miles an hour;
(f) for the stopping of carriages using the tramway;
(g) for providing for the due publicity of all regulations and by-
laws relating to the tramway, by exhibition thereof in conspicuous
places ; and
(h) for providing for the safety of the public in all cases in which
it may appear that such safety is or is likely to be endangered or
imperilled.
(2) Subject to this Ordinance, the company may make by-
laws-
(a) for preventing the commission of any nuisance in or upon
any carriage, or in or against any premises belonging to the com-
pany ; and
(b) for regulating the travelling in or upon any carriage belong-
ing to the company.

(3) Regulations made by the Governor-in-Council, and by-laws
made by the company, shall come into force one month after their
publication in the Gazette.

17. Any such regulation or by-law may impose fines for offences
against the same, not exceeding 10 dollars for each offence, with
or without fines for continuing offences, not exceeding for any
continuing offence 5 dollars for every day during which the offence
continues; but all by-laws shall be so framed as to allow in every
case part only of the maximum penalty being ordered to be paid.

18.-(1)Subject to the approval of the Governor-in-Council the
company may sell or assign its undertakill,or any part thereof,
to such person, by public auction or private contract, or partly by
public auction and partly by private contract ,and with, under,
and subject to such terms and conditions in all resepcts,as the
company may think fit, with power at any such sale to fix a reserve
price for or buy in the same.
(2) When any such sale, or assignment has been made, all the
rights, powers, authorities, obligations, and liabilities of the com-







pany in respect to the undertaking, or part thereof, sold or
assigned, shall be transferred to, vested in, and may be exercised
by, and shall attach to, the person to whom the same has been
sold or assigned, in. like manner as if the undertaking, or part
thereof, sold or assigned, constructed by such person under
the powers conferred by this Ordinance, and in reference to the
same he shall be deemed to be the company.

19. Subject to the approval of the Governor-in-Coyncil, the
company may demise its undertaking, or any part thereof, to such

person and for such term, and on such conditions, in all respects
as the company may think fit, to take effect either in possession
or at some future date, and either with or without a premium as
a consideration for such demise.

20. It shall be lawfol for the company to borrow money on
mortgage of all or any part of its undertaking,and for that purpose
to assign or demise by way of mortgage all or any portion of its
lands, messnages, or tenements, erections, buildings, works, roll-
ing stock, plant, machinery, chattels, and effects to any person,
and to enter into all such covenants, provisoes, declarations, and
agreements, as the company inay think fit.

21. The Governor-in-Council may, by order, direct that pre-
cederice over the company and all other persons in the user of the
tramway be taken for defensive or military purposes or for the
passage of troops and war material, on giving to the company, on
each occasion of such user,3 clear days notice, and shall direct
the payment to the company therefor of such tolls as may be

agreed on. If no agreement is come to, then the amount of such
tolls shall be determined upon petition to the Court in a summary
way.

22. Save and except passengers' luggage not exceeding 16
pounds in weight or one cubic foot in measurement, the company
shall not be bound to carry any animals, goods, merchandisc,
minerals, or parcels.

23.-(1) The company may demand and take the tolls specified
in the schedule, shall be paid to such persons, and at such






places; and in such manner as the company may, by notice annexed
to the list of tolls, appoint.
(2) A list, printed in the English and Chinese languages, of all
the tolls authorised to be taken shall be exhibited in a conspicuous
place at the offices of the company and inside each of the carriages
used upon the tramway: Provided that if there is any variation
between the English and Chinese prints of the, list, the
English print shall prevail.

24. If the carriages during any journey contain their authorised
complement of passengers, the company shall not be bound to find
accommodation for any other passenger, notwithstanding that he

may have purchased a ticket entitling him to travel on the tram-
way.

25. Every person who wilfully obstructs an person acting under
the authority of the company in the lawful exercise of any of the
powers hereby conferred, or damages or destroys any property of
the company, shall for every such offence be liable to a fine not
exceeding 25 dollars.

26. Every person who, without lawful excuse,wilfully does any
of the following things:-
(1) interferes with, removes, or alters any part of the trainway
or of the works connected therewith, or
(2) places or throws any stones, dirt, wood, refuse, or other
materials on any part of the tramway; or
(3) does or causes to be done anything in such manner as to
obstruct any using the tramway or to endanger the lives
of persons therein or thereon ; or
(4) knowingly aids or assists in the doing of any of such things,
shall for every such offence be liable (in addition to any proceedings
by way of indictment or otherwise to which he may be subject) to
a fine not exceeding 25 dollars.

27. Every person who-
(1)while travelling or having travelled in any carriage ,avoids
or attempts to avoid payment of his fare; or
(2) having paid his fare for a certain distance knowingly and
wilfully proceeds in any carriage beyond such distance and does





not pay the additional fare for the additional distance, or attempts
to avoid payment thereof, or
(3) knowingly and wilfully refuses or neglects, on arriving at
the point to which he has paid his fare, to quit any carriage,
shall, for every such offence, be liable to a fine not exceeding 10
dollars.

28. Every passenger shall, on request by any officer or servant

of the company, either produce, and, if so requested deliver up, a
ticket showing that his fare is paid, or pay his fare from, the place
whence he started, or give the officer or servant his name and
address ; and in ease of default he shall be liable on summary con-
viction to a fine not exceeding 10 dollars.

29. lt shall be lawfull for any officer or servant of the collipally,
and all persons called by him to his assistance, to seize and detain
any person discovered either in or immediately after committing
or attempting to commit any such offence as is mentioned in the
last two sections, and whose name of residence is unknown to such
officer of servant, until such penson can be conveniently taken to
a police station for safe custody and detained until he is discharged
by due course of law.

30. No person shall be entitled to carry or to require to be
carried on the tramway any dangerous goods as defined by Ordi-
nance No. 1 of 1873; and if any person sends by the tramway any
such goods, without distinctly marking their nature on the outside
of the vessel or package containing the same or otherwise giving
notice in writing to the book-keeper or other servant with whom
the same are left, at the time of such sending, he shall, for every
such offence, be liable to a fine not exceeding 100 dollars. It shall
further be lawful for the company to refuse to take any parcel that
it may suspect to contain any sneh dangerous goods or require the
same to be opened to ascertain the fact.


31. Any summons, writ , or other proceeding, required to be
served on the company may be served by the same being left at
or sent by post directed to, the principal office of the company, or
being given or sent by post directed to the secretary, or, in case
there is no secretary, the solicitor of the company.






32. With respect to notices, and to the delivery thereof by or to
the company, the following provisions shall have effect
(1) every notice shall be in writing; and

(2) a notice to be delivered by or to the company to or by any
other company or person may be delivered by being left at the office
of such other company or person, or at the then present or
then last known place of abode or residence of such person, or of
his ostensible agent, or of other the agent who pays the rents,
rates, and taxes payable in respect of the property of such person,
or bv beino, affixed on some conspicuous part of any lands affected
or intended to be agected by such notice, or by being left at the
office of the company, as the case may be, or by being sent by
post in a registered letter addressed,as the case may be, to the
clerk or secretary of such other company at its principal office,or
to such person at his then present or then last known place, of
abode or residence or at his office or business premises, or by being
so sent by post addressed to the ostensible agent or agents of such
person, or other the agent or agents aforesaid,or to the clerk or
secretary of the company at its principal office.

33.-(1) If any parly has committed any irregularity, trespass
or other wrongful procceeding in the execution of this Ordinance
or by virtue of any power or authority hereby given,and if, before
action brought in respect thereof, such party makes tender of
sufficient amends to the party injured, such last-mentioned party
shall not recover in any such action.
(2) If no such tender has been made,it shall be lawful for the
defendant, by leave of the Court wherein such action is pending,
at any time before answer filed, to pay into Court such sum of
money as he may think fit, and thereupon such proceedings shall
be had as in other cases where defendants are allowed to pay
money into Court.
34. Every toll, or penalty imposed by this Ordinance, the re-
Covery of which is not otherwise provided for, may be recovered
before a Magistrate.
35. The company shall be answerable for all accidents, damages,
and injuries happening through its act or default, or through the
act or default of any person in its employment, by reason or in
consequence of any of its works or carriages, and shall have harm-
less all other companies or bodWs, collectively and individually,
their officers and servants, from all damages and costs in respect
of such accidents, damages, and injuries.

36. Notwithstanding anything in this Ordinance, the company

and any persons using the tramway shall be subject and liable to
the provisions of any general Ordinance now in force or which may
hereafter be passed relating to tramways, or by which any tax or
duty may be granted or imposed for or in respect of tramways or
the passengers or traffic conveyed thereon,and to any condition,
regulation or restriction which may be imposed on the use of
tramways, or on the use on tramways of animal power, steam
power, or any mechanical power, by any such general Ordinance
as aforesaid.
37. The powers and privileges given by this Ordinance are so

given saving and reserving always the rights of His Majesty.


SCHEDULE.
TABLE or TOLLS. [s. 23.]
1. For every passenger travelling on the tramway or any part
thereof,-
(1) as a first class passenger, any sum not exceeding 30cents
(2) as a second class passenger, 20
(3) as a third class passenger, 10
2.For every small animal,per head 10
3.For parcels not exceeding 7 lb. in weight,each 5
exceeding 7 lb. and not exceeding 14 lb. 10
14 lb. 28 lb. 15
28 lb. 56 lb. 20
56 lb. in weight,such sum as the
company may think fit.
The weight shall be determined according to the usual avoirdupois
weight.
Short title. Interpretation of terms. Power to construct and work certain tramways. Power to alter levels of ground, etc. Power to make additional crossings, etc. Gauge. Protection of sewers, etc. Settlement of differences between company and Director of Public Works. Opening of tramway for traffic. Discontinuance of tramway by company. Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power. Construction of carriages. Inspection of engines, etc. Regulations and by-laws. Penalties in regulations or by-laws. Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Tolls. Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. [See No. 2 of 1865 s. 30A and No. 6 of 1865 s. 27A.] Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare, [52 & 53 Vict.c. 57, s. 5.] Detention of offender. Penalty for bringing dangerous goods on tramway. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Reservation of rights of the Crown.

Short title. Interpretation of terms. Power to construct and work certain tramways. Power to alter levels of ground, etc. Power to make additional crossings, etc. Gauge. Protection of sewers, etc. Settlement of differences between company and Director of Public Works. Opening of tramway for traffic. Discontinuance of tramway by company. Proceedings in case of insolvency of company. Purchase by Government of tramway. Motive power. Construction of carriages. Inspection of engines, etc. Regulations and by-laws. Penalties in regulations or by-laws. Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Tolls. Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. [See No. 2 of 1865 s. 30A and No. 6 of 1865 s. 27A.] Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare, [52 & 53 Vict.c. 57, s. 5.] Detention of offender. Penalty for bringing dangerous goods on tramway. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Reservation of rights of the Crown.

https://oelawhk.lib.hku.hk/items/show/810

DISTRESS FOR RENT ORDINANCE, 1883

No. 1 of 1883.
To consolidate and amend the laws relating to Distraints for
Rent. [1st March,1883.]
1. The Distress for Rent Ordinance, 1888.

2. In this Ordinance, 'the Court' means the Supreme Court in
its Summary Jurisdiction.

PART 1.
JURISDICTION.
3. The Court shall have jurisdiction to issue warrants of distress
for arrears of rent in all cases, without respect to the value of the
property on which the rent is to be levied and without respect to
the amount of rent to be levied.

4.(1) No distress shall be levied for arrears of rent except
under the provisions of this Ordinance.
(2) Every person, not being a bailiff or officer acting under this
Ordinance, who levies or attempts to levy any such distress shall,
on summary conviction, be liable to a fine not exceeding 100
dollars or to imprisonment for any term not exceeding 3 months,
in addition to any other liability which he may have incurred by
his proceedings.

5.-(1) The bailiffs of the Court shall be employed under the
provisions of this Ordinance.
(2) The salaries, allowances, and expenses of the bailiffs and
other officers employed under this Ordinance shall be paid out of
the general revenue.

6.-(1) All fees collected under this Ordinance for services by
such bailiffs and officers shall be paid into the general
(2) No fees shall be taken or demanded for such distresses ex-
cept those set in the 1st schedule.

7. No warrant shall be issued in any case for arrears of rent due
for more than 12 months at the time of the application.






PART II.
MAKING OF DISTRESS.
8. Any person claiming to be entitled to arrears of rent, or his
duly constituted attorney or agent.may apply for such warrant as
is hereinafter mentioned.

9.-(1) A power of attorney to an agent authorised to apply for
warrants of distress may be either general or for the particular
case, and shall be exempt from stamp duty, if confined solely to
the purpose of giving authority to distrain for rent, under this
Ordinance.
(2) Such power way be in the form in the 2nd schedule or to the
like effect.

10.-(1) Every application for a warrant shall be supported by
an affidavit, which may be according to the form in the 2nd sche-
dule or to the like elfect.
(2) Such affidavit may be sworn in like manner as other affida-
vits in the Court.

11. A warrant according to the form in the 2nd schedule or to the
like effect way be issued by a Judge or, in the absence of any Judge
from the Court House, by thereturnable within 6 days
and addressed to any one of the Bailiff's of the Court.

12. The Judge or Registrar to whom application is made may, on
examination of the person applying for such warrant, decline to
issue the same.

13-(1) If a judge declines to issue such warrant, application
may be made to the Full Court as provided in cases under section
23 of the Supreme Court Ordinance, 1873.
(2) If the Registrar declines to do so, application may be made
to a Judge in the first instance. A Deputy Registrar may, how-

ever, refer any application to the Registrar.

14. Every distress shall bc made after sunrise and before sunset,
and not at any other time, except by special leave of the Court or
a Judge.






15. In pursuance of the warrant aforesaid, the bailiff shall seize
the movable property found in or upon the house or premises men-
tioned in the warrant,and in the apparent possession of the person
from whom the rent is claimed (hereinafter called the debtor) , or
such part thereof as may, in the bailiff's judgment, be sufficient to

cover the amount of the rent, together with the costs of the distress.

16. The bailiff shall not seize-
(1) things in actual use, in the hands of a person at the time of
seizure ; or
(2) tools and implements not in use, where there is other mov-
able property in or upon the house or preinises sufficient to cover
the a mount of the rent, and costs; or

(3) goods of a temporary guest at an inn ; or
(4) goods of a lodger at a furnished lodging-house ; or
(5) the debtor's necessary wearing, apparel ; or
(6) goods in the custody of the law ; or
(7) goods delivered to a person exercising a public trade, to be
carried, wrought, worked up, or managed in the way of his trade or
employ.

17. On seizing any property under section 15, the bailiff shall
make an inventory and appraisement of such property, and shall
give a copy of such inventory and appraisement and notice in
writing, according to the form in the 2nd schedule or to the like
effect, to the debtor or to any other person on his behalf, in or upon
the said house or premises.

18. The bailiff shall, as soon as may be, file in the Court copies of
the said inventory, appraisement, and notice.

19.-(1) Any bailiff or officer appointed to execute a distress war-
rant may break open inner doors.
(2) If he is denied admittance to any building as to which he has
a warrant to distrain, after declaring his name and business, or if,
after waiting a reasonable time, no person answers or is in the
building, he may apply to the Court for authority to break open

outer doors and windows, so far as may be necessary to enable him
to execute the warrant.






(3) The Court, on being satisfied, by the affidavit of the bailiff
or officer, that there are no reasonable means of executing the war-
rant without breaking open such outer doors or windows, may grant
an order in writing, addressed to a of the Court, authorising
him to break open, or have broken open, such doors and windows.
(4) Before executing such order, however, the bailiff shall inform
any person in or about the building that he has such order and that
he is about to act on it, unless the doors or windows are opened.

20. The bailiff may inipomid or otherwise secure the property
seized in or on the house or premises chargeable with the rent or
may remove the same.

PART III.
DISCHARGE OF AND COMPENSATION FOR WRONGFUL DISTRESS.
21. The debtor, or any other person alleging himself to be the
owner of any property seized under this Ordinance, may, at any
time within 5 days from such seizine, on 24 hours notice to the
person who obtained the warrant and to the bailiff, setting out the
facts on which the claim is founded, verified by affidavit,apply to
the Court to discharge or suspend the warrant or to release a
distrained article; and the Court may discharge or suspend such
warrant or release such article accordingly, on such terms as it may
think just.
22. On any such application,the costs attending it and attending
the issue and execution of the warrant shall be in the discretion of
the Court,and shall be paid as the Court directs.
23. If any claim is made to or in respect of any property seized
under a distress warrant, or in respeal of flie proceeds or value
thereof, by any person not being the, debtor, the Registrar, on the
application of the baillilf who seized the property, may issue a
summons calling before the Court the claimant and the person who
obtained the warrant, and thereupon any action which may have
been brought in respect of such claim shall be stayed, and the Court,
on proof of the service of such summons and that the property was.
so distrained, may order the plaintiff to pay the costs of all pro-
ceedings in such action after the service of such summons.
24-(1)Every such claim shall be verified by aflidavit setting
out the facts on which it is founded.





(2) When so verified the Court shall adjudicate thereupon, and
make such order between the parties in respect thereof, and of the
costs of the proceedings, as it thinks fit.
(3) Such order shall be enforced as if it were an order made in
an action brought in the Court.

25.-(1) In any case under section 21 or section 23, the Court
may,if a claim has been made therefor at the time of application,
and if it appears to the Court that the landlord or bailiff had no
reasonable ground for believing that the goods were properly dis-
trainable, award such compensation by way of damages to the
applicant or claimant, as the case may be, as the Court thinks fit,
and may for that purpose make any inquiry it thinks necessary.
(2) The order of the Court awarding or refusing such compensa-
tion shall bar any action in respect of injury caused by the distress.

26. The Court may, at any time, on the application of the debtor
and on reasonable notice being given of the application to the person
who obtained the warrant, give time to the debtor to pay the rent
due from him, on such terms as it may think just and reasonable.

PART IV.
SALE OF DISTRESS.
27.-(1) In default of any order lo the contrary, the distrained
property shall be sold on the day mentioned in the notice of
appraisement and sale hereinbefore referred to, and such sale shall
be conducted art, such place and time and by such person as the
Registrar may direct, whether by an auctioneer or by a bailiff of
the Court.
(2) The auctioneer or bailiff shall, on realising the proceeds, pay
over the amount thereof to the Cotirt, and such amount shall be
applied first in payment of the costs of the distress, and then in
satisfaction of the debt; and the surplus,if any, shall be returned
to the debtor.

28. Provided that the debtor may require that the sale, shall take
place in any other manner than that directed by the Registrar, on
giving security for any extra costs or loss thereby or that, in the
opinion of the may be thereby occasioned.






PART V.

DESERTED PREMISES.
29.-(1) Where any immovable property is held at a rack rent,
or where the rent reserved is full three-fourths of the yearly value of
the demised premises, and where neither the value of the premises
by the year, nor the payable in respect of the tenancy by the
year, exceeds 300 dollars, if the tenant is in arrears for 2 montlis
and deserts the demised preinises and leaves the same uncultivated
or unoccupied, so as no sufficient distress can be had to countervail
the arrears of rent, it shall be, lawful for the Court, at the request
of the lessor or landlord or his agent and on information upon oath,
to issue its warrant authorising any bailiff to enter on the premises,
breaking any doors, windows, or gates, if necessary; and, if the
premises are found to be deserted with no sufficient distress therein,
to place the same in charge of a bailiff and to affix a notice thereon,
in a conspicuous place, that, unless cause to the contrary is shown
before the Court within 10 days, the premises will be given over to
the applicant.
(2) If no such cause is shown, it shall be lawful for the Court, on
proof of the fact of desertion, of non-payment of at least 22 months
rent last due, of want of sufficient distress, and that the applicant
is the lessor or landlord of the premises or entitled under this Ordi-
nance to a distress warrant, to make an order directing a bailiff to
put the applicant in possession of premises, and the demise shall
become void.

PART VI.
RULES AS TO DISTRESS.
30. Arrears of rent may be distrained for after the end or deter-
mination of any term or lease at, will, in the same manner as if such
term or lease had not been ended or determined; provided that such
distress is made during, the continuance of the possession of the
tenant from whom such arrears becaine due.

31. No personal property shall be removed from any premises
under any writ from any Court, other than writs in Crown suits,
until the clairn for rent due to the landlord or lessor or person
entitled to receive, the rerit is satisfied : Provided that such claim
shall not in any case exceed the amount due for 6 months rent last
due.





32.(1) If personal property,otherwise liable to distress for rent,
is, at time of the issue of any distress warrant or thereafter before
seizure by the bailiff under such warrant, seized wider any writ or
warrant of the Supreme Court, the said bailiff shall not seize such
personal property, but, shall return the warraut into Court and
deliver copies thereof to the execution creditor or his agent and to
the debtor, either personally or by leaving the sarne, at the place
where the goods were seized.
(2) Such execution creditor or debfor or either of them niav apply
to the Court to discharge or suspend the warraut within the time
and in the manner mentioned in section 121, and if no such applica-
tion is made within the said time, the Registrar shall, out of the
first money to be received by him from the officer executing such
writ or warrant, pay over to the person obtaining such distress war-
rant the amount thereof: Provided that if the amount mentioned
in the distress warrant exceeds the aritount due for 6 months rent,
the Registrar shall pay the amount of rent due for 6 months and the
costs and no more.

33. If any execution is paid off after the issue of a distress war-
rant, the bailiff shall immediately execute the distress warrant.

24. The following persons may, either personally or by their
attorneys or agents, apply for warrants to distrain for arrears of rent
due to the estates represented by them; that is to say,-
(1) executors or administrators of any lessor or landlord or person
entitled to receive rents;
(2) guardians for infants;
(3) committees of lunaties for the lunatics;
(4) receivers appoitted by Courts for the estate over or for which
they are appointed ;
(5) assignees and trustees in bankruptcy for the estate of the
bankrupt;
(6) mortgagees for the property mortgaged, if the mortgagee is
in possession;
(7) trustees for the estate over which the trust extends;
(8) lessees against their under-lessees;
(9) the Registrar for premises seized under execution, if rented
to tenants by the person agalust whom the execution is issued, or
otherwise rented so that the rent is payable to such person ; and





(10) married women, with or without the concurrence of their
husbands, for arrears of rent due on property held by them to their
sole and separate use.

35. Where a right to distrain accrues to parties jointly interested,
or together interested in any premises, such as coparceners, joint
tenants, tenants in common, executors, administrators, trustees,
guardians, partners, or otherwise, proceedings under this Ordinance
may be taken by any one of such parties, in. his own name and the
name or names of those jointly or together interested with him, and
the levying of rent so distrained for shall be a complete discharge to
the tenant for the rent or for so much thereof as niay be so levied
and the party so levying shall be liable to account to the parties
having the interest jointly or together with them for all sums so
levied: Provided that if, in any particular case, it appears to the
Court or to the Registrar, to be advisable to do so, the Court, or the
Magistrar may require the party so applying to produce a written
authority to distrain, signed by one or more of the persons jointly or
together interested with him.

36. No property found at the time, of distraint in or on any pre-
mises as to which an arrear of rent is due shall be renioved from
such premises without the consent of the person issuing the distress
warrant,or by direction of the Registrar,until satisfaction is made
for the rent due, if the arrear has accured during the current
tenancy, and if at any time such property would have been liable to
distraint for rent under this Ordinance ; and the landlord or lessor
shall be entitled to require the balliff, on giving such bailiff a
sufficient indemnity, to the satisfaction of the Registrar, to follow
the property, if removed, and seize the same under the distress
warrant, whether or not such property, was afterwards disposed of
by the owner by way of sale, exchange, mortgage, pledge, or other-

wise.

37. If the tenant or lessee or person in possession or occupation of
any premises on which there is an arrear of ren't due, recoverable by
distress,or carries away, or causes or permits to be removed
or carried away, from the premises any movable property liable to
be seized for such rent, so as to prevent or under the bailiff from
distraining the saine, it, shall be lawful for the Court, on application
verified by affidavit, to authorise the bailiff to whom the warrant of






distress to distrain for the rent on such premises is addressed, and
the officers acting with him, to follow and to take and seize such
property as a distress for the said arrears of rent, wherever the same
may be found, at any time within 30 days from the day of its
removal, exclusive of the day of removal,and to deal with the
property so removed in the same way as if it had been found on
the premises, and, if advisable to do so, to place the same again in
the premises : Provided thaf it shall be lawful for the bailiff, with-
out such authority, to follow and seize any such property found by
him in the act of being removed from any such premises, and
before the same is placed in any other house or building.

38. If such property or any part thereof so removed or carried
away under the circumstances mentioned in sections 30 and 37 has
been sold bona fide and for a sufficient consideration, before or
after removal from the premises distrained, to person not
knowing and not having the means of knowing that the same was
liable to distraint for rent, or was reinoved or carried or was
to be removed or carried away, so as to prevent or under the land-
lord or lessee from distraining, the same, or so much thereof as
has been so sold, shall be restored by the bailiff distraining or by
the Court on application under section 21.

39. Every tenant or lessee or person in possession or occupation
who fraudulently removes or carries away movable property as
aforesaid, and every person who wilfully and knowingly aids or

assists such tenant or lessee or person in such frandulent removal
or carrying away, shall be deenied to be guilty of a misdemeanor.
[s. 40, rep. No. 8 of 1912.]

41. Where any distress is made for any sum of money to be
levied by virtue of this Ordinance, the distress itself shall not be
deemed unlawful, nor the party making the same be deemed a
trespasser, on account of any defect or want of form in the pro-
ceeding relating thereto, nor shall the party distraining be deemed
a trespasser from the beginning on account of any irregularity

which may afterwards be committed by the party so distraining,
but the person aggrieved by such irregularity may recover satisfac-
tion for the special damages in an action as provided by section 25.

42. Nothing in this Ordinance shall be held to apply to rents due
to the Crown.






FIRST SCHEDULE.
TABLE OR FEES TO BE LEVIED IN DISTRAINTS FOR RENT. [S. 6.]


The above scale is intended to include all expenses, except in
actions where the tenant disputes the landlord's claim, and witnesses
have to be subpoenaed, in which case each subpoena must be paid
for at 25 cents; where watchmen are kept in charge of property
distrained, 50 cents per day must be paid per man; where property
is removed and stored, the necessary expenses, to be fixed by the
Registrar, must be paid.


SECOND SCHEDULE
FORM No. 1. [s.9.]
Power of Attorney to Distrain.
I [ or We] , A.B. do hereby authorise C.D to be my [or our] aggent to act for me [or
us]in distraining, under the Distress for rent Ordinance,1883,for [all] the arrears of
rent now due to me[or us] (or to be hereafter due) on property situate in[here descibe
the property],as to which I am [or we are] entitled to distrain as Owner, [or Lessee,
Trustee, Guardian, etc.]alone [or together with E.F.]etc.

Dated the day of ,19
(Signed.) A.B.,
FORM No. 2.
Affidavit in support of Application for Warrant of Distress.
HONGKONG.
In the Supreme Court, Summary Jurisdiction.
A.B., Plaintiff.
v.
C.D., Defendant.
1, A.B., an inhabitant of ,make oath and say that C.D.,
of is justly indebted to in the sum of $
for arrears of rent of the house and premises No. situate at
in the due for months,to wit,from the
day of ,19 ,to the day of 19 ,
at the rate of per mensem.
(Signed.) A.B.
Sworn before me
at on the day of
,19 .(Signed.)

FORM No. 3. [s.11.]
Warrant of Distress.
HONGKONG.
In the Supreme Court, Summary Jurisdiction.
To E.F., Bailiff of the Court.
I hereby direct you to distrain the goods anf chattels on the premises of C.D.,situate
at in the for the sum of $
being the amount of months rent due to A.B. for the same
on the day of ,19 ,according to the provisions of the
Distress for Rent Ordinance,1883.
Before proceeding to distrain under this warrant,you shall demand payment of the
Dated the day of ,19 .
[L.S.] (Signed.)


FORM No. 4. [s.17.]
Inventory,Appraisement, and Norice.
HONGKONG.
In the Supreme Court, Summary Jurisdiction.
To C. D.
Take notice thah I have this day seized the goods and chattels contained in the above
inventory and appraisement, for the sum of $ being the amount of
months rent due to A.B. on the day of ,19 ,
and that unless you pay that amount,together with the costs of this distress within five
days from the date thereof, or obtain an order from the Court to the contrary, the same
will be sold on the day of ,19 ,pursuant to the provisions
of the Distress for Rent Ordinance, 1883.
Dated the day of ,19 .
(Signed.) E.F.
Short title. Interpretation. Issuing of warrants of distress. Punishment of unauthorised person levying distress. Employment and payment of bailiffs. Fees. Limitation of time for issue of warrant. Application for warrant. Form of power of attorney. Form of affidavit. Form and issue of warrant. Refusal of warrant. Appeal from refusal. [No. 3 of 1873.] Time for making distress. Property liable to seizure. Property not liable to seizure. Making of inventory on seizure. Filing of inventory, etc. Entry, and forcible entry. Impounding of property seized. Discharge or suspension of warrant or release of distress. Costs of application. Wrongful distress. Adjudication in case of wrongful distress. Compensation for wrongful distress. Power to allow time for payment of rent. Mode of sale of distress. Right of debtor as to manner of sale. Case of deserted premises, where no distress left. Distress for arrears of rent on determination of lease. Priority of landlord's right over writs, except in Crown suits. Property seized under writ or warrant of Supreme Court. Distraint after satisfaction of execution. Persons allowed to apply for distress warrant. Right of one of several parties interested to institute proceedings. Removal of property under distraint. Following property liable to seizure and removed. Restoration of property removed but bona fide sold. Fraudulent removal of property by tenant. [for punishment, cf. No. 1 of 1898, s. 6 (2)]. Protection against irregularity in proceedings. Exclusion of Crown rents. [cf. No. 6 of 1875.]

Short title. Interpretation. Issuing of warrants of distress. Punishment of unauthorised person levying distress. Employment and payment of bailiffs. Fees. Limitation of time for issue of warrant. Application for warrant. Form of power of attorney. Form of affidavit. Form and issue of warrant. Refusal of warrant. Appeal from refusal. [No. 3 of 1873.] Time for making distress. Property liable to seizure. Property not liable to seizure. Making of inventory on seizure. Filing of inventory, etc. Entry, and forcible entry. Impounding of property seized. Discharge or suspension of warrant or release of distress. Costs of application. Wrongful distress. Adjudication in case of wrongful distress. Compensation for wrongful distress. Power to allow time for payment of rent. Mode of sale of distress. Right of debtor as to manner of sale. Case of deserted premises, where no distress left. Distress for arrears of rent on determination of lease. Priority of landlord's right over writs, except in Crown suits. Property seized under writ or warrant of Supreme Court. Distraint after satisfaction of execution. Persons allowed to apply for distress warrant. Right of one of several parties interested to institute proceedings. Removal of property under distraint. Following property liable to seizure and removed. Restoration of property removed but bona fide sold. Fraudulent removal of property by tenant. [for punishment, cf. No. 1 of 1898, s. 6 (2)]. Protection against irregularity in proceedings. Exclusion of Crown rents. [cf. No. 6 of 1875.]

https://oelawhk.lib.hku.hk/items/show/809

PUBLIC OFFICERS (CONVICTION OF CRIME) ORDINANCE, 1882

(3) Any enumerator who knowingly makes a false return of all

of the matters specified herein shall, on summary conviction, be
liable to a fine not exceeding 500 dollars.

9. The Governor shall award such remuneration as he may
think fit to census officers and enumerators.

-1882.-
No. 1 of 1882 repealed by No. 9 of 1912, s. 13.

No. 2 of 1882.
To provide for the vacation of Offices and the determination of
Pensions and AIlowances held by persons convicted of
crime. [13th December, 1882.]

1. The Public Officers (Conviction of Crime) Ordinance, 1882.

2. If any person convicted within the jurisdiction of any of His
Majesty's Courts, of treason or felony for which he is sentenced to
death, or penal servitude, or any term of imprisonment with hard
labour or exceeding 12 months, at the time of such conviction
holds in this Colony any civil office under the Crown or other public
employment or place, or is entitled to any pension or superalimia-
tion allowance payable by the public or out of any public fund,
such office, employment, or place shall forthwith become vacant,
and such pension or superannuation allowance shall forthwith de-
termine and cease to be payable, unless such person receives a free
pardon from His Majesty within 6 months after such conviction,
or before the filling up of such office, employment, or place, if
given at a later period; and such person shall become and (until
he has suffered the punishnient to which he has been sentenced,
or such other punishment as by competent, authority may be sub-
stituted for the same,or receives a free pardon from His Majesty)
shall continue thenceforth incapable of holding in this Colony any
civil office under the Crown or other public employment or place.

Remuneration of officers. Short title. Forfeiture of public office or pension by person convicted of certain crime. [33 & 34 Vict.c. 23 s. 2.]

Remuneration of officers. Short title. Forfeiture of public office or pension by person convicted of certain crime. [33 & 34 Vict.c. 23 s. 2.]

https://oelawhk.lib.hku.hk/items/show/808

CENSUS ORDINANCE, 1881

No. 2 of 1881.

To make provision for making from time to time the Census of
the Colony. [14th March,1881.]

1. The Census Ordinance, 1881.


2.---(1) The Governor-in-Council may authorise and direct a
census to be taken of the inhabitants of the Colony at such times
as he thinks fit, and may appoint such census officers.as may be
necessary for the purpose of conducting the census and acting as
enumerators, and may cancel such appointments.
(2) Notice of the intention to take such census, and of the date
of such intended taking, shall be published in the Gazette at least
10 days previously.

3. The officers so appointed shall, in accordance with the in-
structions of the Governor,make such arrangements as may be
necessary for the purpose.

4. Schedules shall be prepared for the purpose of being filled up.
by or on behalf of the several occupiers of every dwelling house
or place of residence in the Colony, and by or on behalf of the
persons on board every vessel in the waters of the Colony, with
such particulars as to the Governor-in-Council intly seem fit.

5. The Governor-in-Council may make regulations for carrying
out this Ordinance, and all such regulations shall be printed in






such languages and posted in such places as the Governor-in-
Council may direct,

6. The master or keoper of every school, gaol, prison, hospital,
or public or charitable institution, and the manager of every dock,
factory, or place employing over 20 persons, and the proprietor or

manager of every hotel, and the master or person in charge of
every vessel lying within the waters of the Colony shall be the
enumerators of the inmates thereof or the persons residing therein.

7. The census officers and enumerators may ask all such ques-
tions as may be necessary for obtaining the information required
under this Ordinance.

8.-(1) Every person who, without lawful excuse,wilfully
refuses or neglects-
(a) to fill up and sign, according to the truth of the case, or to
alter or amend in any particular, if required to do so by the
enumerator or census officer, any schedule so left at his house or
place of residence ; or
(b) to deliver the same to the enumerator or census officer when
required to do so ; or
(c) to furnish information to any enumerator or census, officer,
or to permit him to obtain information in his building or place,
or on board his vessel; or
(d) to answer any such question as aforesaid put to him by any
enumerator or census officer,
shall, on summary conviction, be liable to a fine not exceeding 25
dollars.

(2) Every person who-
(a) wilfully makes, signs, or delivers, or causes to be made,
signed, or delivered, any false return as to any of the matters
specified in this Ordinance; or
(b) wilfully obstructs any census officer or enumerator, or other
person engaged in the conduct of the census,
shall, on summary conviction, be liable to a fine not exceeding 100
dollars.






(3) Any enumerator who knowingly makes a false return of all

of the matters specified herein shall, on summary conviction, be
liable to a fine not exceeding 500 dollars.

9. The Governor shall award such remuneration as he may
think fit to census officers and enumerators.

-1882.-
No. 1 of 1882 repealed by No. 9 of 1912, s. 13.

No. 2 of 1882.
To provide for the vacation of Offices and the determination of
Pensions and AIlowances held by persons convicted of
crime. [13th December, 1882.]

1. The Public Officers (Conviction of Crime) Ordinance, 1882.

2. If any person convicted within the jurisdiction of any of His
Majesty's Courts, of treason or felony for which he is sentenced to
death, or penal servitude, or any term of imprisonment with hard
labour or exceeding 12 months, at the time of such conviction
holds in this Colony any civil office under the Crown or other public
employment or place, or is entitled to any pension or superalimia-
tion allowance payable by the public or out of any public fund,
such office, employment, or place shall forthwith become vacant,
and such pension or superannuation allowance shall forthwith de-
termine and cease to be payable, unless such person receives a free
pardon from His Majesty within 6 months after such conviction,
or before the filling up of such office, employment, or place, if
given at a later period; and such person shall become and (until
he has suffered the punishnient to which he has been sentenced,
or such other punishment as by competent, authority may be sub-
stituted for the same,or receives a free pardon from His Majesty)
shall continue thenceforth incapable of holding in this Colony any
civil office under the Crown or other public employment or place.

Short title. Governor-in-Council may direct census, and appoint officers. Making of necessary arrangements. Preparation of schedules. Regulations. Enumeration of immates of school, etc. Officer to ask questions. Offences. Remuneration of officers. Short title. Forfeiture of public office or pension by person convicted of certain crime. [33 & 34 Vict.c. 23 s. 2.]

Short title. Governor-in-Council may direct census, and appoint officers. Making of necessary arrangements. Preparation of schedules. Regulations. Enumeration of immates of school, etc. Officer to ask questions. Offences. Remuneration of officers. Short title. Forfeiture of public office or pension by person convicted of certain crime. [33 & 34 Vict.c. 23 s. 2.]

https://oelawhk.lib.hku.hk/items/show/807

MACAO EXTRADITION ORDINANCE, 1881

No. 1 of 1881.

Macao Extradition

To make provision for the apprehension and surrender of Criminal
Fugitives from the territory of Macao. [14th march,1881.]
WHEREAS persons who have committed certain cromes within the
territory of Macao may escape to this Colony and it is expedient
to provide for the apprehension of such fugitives from justice and
for their surrender to the Government of Macao in order that they
may be dealt with order to law:-





1. The Macao Extradition Ordinance, 1881.

2. In this Ordinance--
' The Governor of Macao ' includes the person for the time
being administering the Government of Macao:
' The Territory of Macao ' and 'Macao ' includes any place
within the jurisdiction of the Government of Macao and includes
the high seas.


3. In case requisition is made by the Governor of Macao to the
Governor of this Colony to deliver up to justice any person who,
being accused or convicted of any of the crimes and offences
specified in the 1st schedule, and alleged to have been comitted
within the territory of Macao, has taken refuge within this Colony,

the Governor of this Colony may, if he thinks fit, by warrant
under his hand and seal,signify tIat soch requisition has been

made and require the Magistrates to govern themselves according-
ly, and to aid in apprehending the person so accused or convicted
and hereinafter referred to as the fugitive.

4. On tbe issue of such warrant,any Magistrate may issue his
warrant for the apprehension of the fugitive, and, if he is already

in custody, may issue an order to the Superintendent of the Gaol
forthwith to bring the fugitive before him to be dealt with in

manner hereinafter provided.

5. If the fugitive is apprehened or if he is already in custody,
he shall be brought forthwith before the Magistrate, and the

following conditions shall be, complied with:-
(1) there must be produced before the Magistrate a valid war-

rant of arrest issued by a Judge or other competent Magistrate

having authority in Macao to take cognizance of the crime charged,

and clearly setting forth such crime;
(2) in the case of a person accused but not convicted, such

evidence shall be produced to the Magistrate as would,in his
opinion, justify the apprehension of the fugitive if the crime of
which he is accused had been committed within the jurisdiction
of this Colony,with this qualification, that copies of depositions





signed or taken before any such Judge or other competent Magis-
trate as aforesaid and authenticated in manner hereinafter provid-
ed may be received in evidence of the criminality of the fugitive;
(3) in the case of a person convicted,a copy of the conviction,
authenticated in manner hereinafter provided,shall be produced. ill provided, shAl be produced.
But if it should appear that the conviction was pronounced in the
absence of the accused person for contumacy in not having sur-
rendered to take his trial, the same evidence shall be produced to
the Magistrate as in the case of a person accused but not con-
victed ;
(4) in every case, proo og the identity of the fugitive must be
given to the satisfaction of the Magistrate;
(5) a warrant of arrest and copies of depositions, signed or
taken in Macao as aforesaid, and a copy of the conviction, shall
be received in evidence, if the warrant of arrest, purports to be
signed by such Judge or Magistrate, and if the copy of depositions
purports to be certified under the hand of such Judge or Magis-
trate to be a true copy of the original depositions, and if the copy
of the conviction purports to he certified under the hand of the
Judge, of the Court by which the fuggifive convicied to be a
true copy of the original conviction. The sihnature of every such
Judge or Magistrate, and his authority to take cognizance of the
crime or offence charged, shall he sufficiently proved if the docu-
ment purports to be scaled with the official sead of the Governor
of Macao, and all Courts in this Colony shall for the purposes of
this Ordinance, take judical notice of such seal, and shall admit
the documents so authenticated by it to be received in evidence
without further proof; and
(6) the original warrant of arrest and the copy of the deposi-
tions,or,as the case may be,the copy of the conviction, shall
be read to the fugitive, and he shall be asked if he has any valid
cause to show why he should not be committed to gaol to await
the order of the Governor-in-Council
6. If the fugitive fails to show cause, to the satisfaction of the
Magistrate,why he should not be committed, and if the Magis-
trate is of opinion that there is sufficient prima facie evidence to
establish the criminality of the fugitive, he shall comnlit him to
gaol, there to wait the order of the Governor-in-Council : Provided
that before any such commital the Magistrate shall inform the





fugitive that a period of 15 days will be allowed him to appeal to
the Supreme Court, if he thinks tit, under the next section or
apply for a writ of habeas corpus.

7. The following rules as to appeals to the Supreme Court shall
be observed:-
(1) if the ffugitive to appeal against a Magistrate's order
of committal and notifies such desire to the Magistrate at any time
before the expiration of 15 days from the date of such order; or
if the Attorney General desires to appeal against a Magistrate's
order of discharge of a fugitive and notifies such desire to the

Magistrate at any time before the actnal discharge of the fugitive,

the Magistrate shall,subject to the provision in paragraph,allow
such appeal and shall transmit forthwith to the Registrar of the
Supreme Court the depositions and all other documents relating
to the case, together with nny statement in writing which he may
think fit to annex in relation thereto;
(2) if the appeal is by the Attorney General, the order of dis-
charge shall be suspended until the conclusion of the appeal, and
the fugitive shall be detained in custody until the further order of
the Magistrate or of the Supreme Court ,
(3) if the appeal is by a fugitive and the Magistrate has reason
to believe that it is merely frivolous,he may refuse to allow it; in
which case the Supreme Court may, on the fugitive's petition in
writing, setting forth the grounds of appeal, make an order direct-
ing the Magistrate to allow the appeal ;
(4) the Magistrate shall cause notice of his intention to dis-
charge a fugitive (otherwise than in pursuance of any decision of
the Supreme Court) , and also of any appeal by a fugitive to be
served on the Crown Solicitor,and no fugitive shall be discharged
by a Magistrate (otherwise than as aforesaid) , unless the Attorney
General has had an opportunity of being heard in opposition
thereto and of givinlg notice of appeal ; and
(5) an appeal may be heard in vacation and either in Court or
in Chambers,and shall be set down for hearing on such early day
and at such hour as the Chief Justice may appoint, notice whereof
shall be given in wriring by the Registrar of the, Supreme Court
to the Superintendent of the Gaol, who shall, on the day and hour
appointed, bring the fugitive before the Chief Justice; and on the






hearing of the appeal the Chief Justice may receive any new
evidence and may either affirm or reverse the decision of the
Magistrate,according as he is of opinion that there is or is not
sufficient prima facie evidence of the criminality of the fugitive of
that the conditions of section 5 have or have not been complied
with, and may order the fugitive to be committed to gaol or to be
discharged,as the case may be,or make any other order with
respect to the said matter as may be requisite to the due adjudica-
tion thereof.

8. The Magistrate before whom a fugitive is brought shall, at

the conclusion of the case, send a report thereon to the Governor.

9.-(1) It shall be lawful for the Governor-in-Council, if it
seems fit, after the expiration of 15 days from the date of the
committal of a fugitive by a Magistrate or, in case of any pro-
eceding by appeal or writ of habeas corpus,then sublect to the
decision of the Supreme Court, thercon, and subJect also to the
provisions of sections 10 and 11, by order directed to the Superin-
tendent of the Gaol and hereinafter called an extradition order, to
order the fugitive so committed to be delivered to such person as
may, by warrant under the hand and seal of the Govornor of
Macao, be authorised to receive him, and the fugitive shall be
delivered up accordingly.
(2) The person authorised as aforesaid may hold the fugitive, in
custody and convey him to any place within the territory of Macao,
and if the fugitive escapes out, of any custody to which he is
committed or to which he is delivered as aforesaid, it shall be
lawful to retake him in the same manner as any person accused
of any felony committed within this Colony may be retaken upon
an escape:Provided that in every case where, before theexpira-
tion of the said period of 15 days, the order of committal has been
affirmed on appeal or the fugitive has applied for a writ of habeas

corpus, and has failed on the return thereof to obtain his dis-
charge, it shall be lawful for the Governor-in-Council, subject as
aforesaid,to grant an extradition order without further delay.

10. No extradition order shall be granted in any case where, in
the opinion of the Governor-in-Council the requisition for extradi-
tion has been made for political reasons or a political offence is






involved in the crime charged; but it shall not be open to the
fugitive to claim his discharge from custody on such ground before
any Judge or Magistrate;and any attempt against the life of the
Governor or of any public officer or member of the Government of
Macao shall not be deemed a political offence.

11. No extradition order shall be granted in respect of any
fugitive who is undergoing any sentence of imprisonment in this
Colony, or who is charged with any offence until the expiration
of such sentence or of any sentence which may be pronounced
upon his trial for such offence, or until his acquittal or the
abandonment of such charge.

12. The Governor-in-Council may at any time issue an order
directed to the Superintendent of the Gaol for the release of a
fufitive in respect of whom the Governor-in-Council does not
think fit to issue an extraditon order, and thereupon the fugitive

shall be forthwith discharged.

13. Where any fugitive who has been committed is not, deliver-
ed up and cenveyed out of this Colony within one month after
tile date of such committal, the Chief Justice may at any time,
on application made to him by or oil behalf of the fugitive and
being satisfied that reasonae notice of the. intention to make
such application has been given to the Crown Solicitor, order the
fugitive to be discharged unless sufficient cause is shown to him
why such discharge ought to be ordered: Provided that, in
every case where the fugitive has appealed to the Supreme Court
or has applied for a writ of habeas corpus, the period of one month
shall be computed from the date of the decision of the Supreme
Court, and in every case within section 11 it shall be computed
from the date of the expiration of the fugitive's sentence or of
his acquittal or of the abandonment of the charge as therein
mentioned.

14. The Government Council may by order published in the
Gazette,declare-
(1) that any crime or offence specified in such order not included in the 1st
schedule shall form part thereof ; or






(2) that any crime or offence specified in the Ist schedule, or
which may be added to the said schedule, shall no longer form part
thereof.
[s. 15, combined with ss. 14, No. 68 of 1911.]
l6. All expenses incident to the apprehension,detention,main-
tenance, and delivery of a fugitive shall be done by this Colony.

17. If any action is brought against a Magistrate, gaolep, officer
of police, or any other person for anything done in obedience to
any warrant or order issued under the provisions of this Ordi-
nance, the proof of such warvant or order shall be a sufficient
answer to such action; and the defendant on such proof as afore-
said shall be entaled to a verdict or judgment in his favour, and
shall also be entitled to his full costs of the action.

18. The forms in the 2nd schedule or forms to the like effect,
with such variations and additions as circumstances may require,
may be used for the purposes therein indicated, and instninienls
in those forms shall (as regards the form thereof) be valid and
sufficient.

19. In case the Governor-in-Council deems it expedient that this
Ordinance or any part thereof should be repealed or the operation
thereof suspended for any period, it shall bc lawful for the
Governor by proclamation to declare that it or any part thereof
is repealed or is suspended for period.

FIRST SCHEDULE.
LIST OF GRIMES AND OFFEMCES. [s.3.]
The following list of crimes and offences is to be construed accord-
ing to the law existing in the Colony of Honghong, at the date of
the alleged crime or offence,whether by common law or by Imperial
Statute or local Ordinance made before or after the commencement
of this Ordinance:-
1. Murder, and attempt and conspiracy to murder.
2. Manslaughter.
3. Wounding with intent to do grievons bodily harm.

4.Counterfeiting and altering money and uttering counterfeit or
altered money.
5.Forgery,counterfeiting,and altering,and uttering what is
forged or counterfeited or altered.
6.Larceny and embezzlement.
7.Unlawfully receiving stolen property.
8.Obtaining money or goods by false pretences.
9.Crimes by bankrupts against bankruptcy law.
10.Fraud by a bailee,banker,agent,factor,trustee or director,
or member,or public officer of any company made criminal by
any law for the time being in force.
11.Rape.
12.Abduction or forcible taking or detention.
13.Child-stealing.
14.Burglary and house-breaking.
15.Arson.
16.Robbery with violence.
17.Threats by keeter or otherwise,with intent to extort.
18.Piracy by law of nations or municipal law.
19.Sinking or destroying a vessel at sea,or attempting or con-
spiring to do so.
20.Assault on board a ship on the high seas,with intent to
destroy life or to do grievous bodily harm.
21.Revolt or conspiracy to revoke by two or more persons on
board a ship on the high seas against the authority of the
master.
22.Sesertion from the naval,military,or police force.

SECOND SCHEDULE.
FORM No. 1. [s.3.]
Governor's Warrant to Magistrates.
THE MACAO EXTRADITION ORDINANCE,1881.
HONGKONG.
By His Excellency Governor and Commander-in-Chief of this Colony
and its dependencies
To Magistrates.
Whereas requisition has been duly made to me,pursuant to the above mentioned
Ordinance,for the surrender of one now in this Colony,charged with
having committed the crime of within the territory of Macao and with
being a fugitive from justice:You are hereby required to govern yourselves according- ly,and to aid in apprehending the said fugitive and in committing him to gaol for the
purpose of his being delivered up to justoce according to the provisions of the above-
mentioned Ordinance;and for so doing this shall be your warrant.
Given under my hand and seal at Victoria ,Hongkong,this day of ,19
[L.S.] (Signed.) Governor,&c.
FORM No. 2. [s.4.]
Warrant of Apprehension.
THE MACAO EXTRADITION ORDINANCE,1881.
HONGKONG TO WIT.
To all and each of the Constables of the Hongkong Police Force.
Whereas His Excellency Governor and Commander-
in-Chief of this Colony and its dependencies,by warrant under his hand and seal,has
signified that,pursuant to the above-mentioned Ordinance,requisition has been duly
made to him for delivering up to justice one now in this
Colony,charged with having committed the crime of within
the territory of Macao and with being a fugitive from justice,and has required the Ma-
gistrates to govern themselves accordingly and to aid in apprehending the said fugitive:
This is,therefore,to command you,in His Majesty's name,forthwith to apprehend
the said fugitive,pursuant to the above-mentioned Ordinance,wherever he may be
found in this Colony,and to bring him before me or any other Magistrate sitting in
this Court to answer to the said charge;and for so doing this shall be your warrant.
Given under my hand and seal,at the Magistrates' Court of this Colony,this
day of ,19
[L.S.] (Signed.) Magistrate.
FORM No. 3. [s.4.]
Order to Superintendent of the Gaol.
Whereas His Excellency Governor and Commander-
in-Chief of this Colony and its dependencies,by warrant under his hand and seal,has
signified that,pursuant to the above-mentioned Ordinance,requisition has been duly
made to him for delivering up to justice one charged with
moving committed the crime of within the terri-
tory of Macao and with being a fugitive from justice,and has directed the Magistrates
to govern themselves accordingly for the purpose of such fugitive being delivered up to
justice under the provisions of the said Ordinance;and whereas the said fugitive is
now detained in the Gaol under your custody:You are hereby ordered to bring
up the said forthwith before me or any other Magis-
trate sitting in this Court to be dealt with as provided by law.
Given under my hand and seal,at the Magistrates's Court of this Colony,this
day of ,19
[L.S.] (Signed.) Magistrate.
FORM No. 4.
Warrant of Committal. [s.6.]
THE MACAO EXTRADITION ORDINANCE,1881.
HONGHONG TO WIT.
To one of the Constables of the Hongkong Police Force,and
to the Superintendent of the Gaol.
Whereas on the day of ,19 ,
late of was brought before me




one of the Magistrate sitting at the Magistrates' Court of this Colony charged with
having committed on the day of ,19 , within
the territory of Macao,the crime of and with being a
fugitive from justice and whereas the evidence which has been shown to me
of the criminality of the said is,in my opinion,sufficient to
justify his committal to gaol,pursuant to section 6 of the above-mentioned Ordinance;
This is,therefore,to command you,the said constable ,in His Majesty's name,forth-
with to convey and deliver the body of the said into the
custody of the said Superintendent of the Gaol;and you ,the said Superintendent.
to receive the said into your custody in the said gaol and him
there safelt to keep until he shall be thence delivered,pursuant to the provisions of
the above-mentioned Ordinance;and for so doing this shall be your warrant.
Given under my hand and seal,at the Magistrates' Court of this Colony,this
day of ,19 .
[L.S.] (Signed.) Magistrate.
FORM No. 5. [s.7.]
Petition of Fugitive for Order of Appeal.
THE MACAO EXTRADITION ORDINANCE ,1881.
HONGKONG. To the Supreme Court of Hongkong.
The humble petition of a prisoner in the Gaol,-
Showeth:
1.That your petitioner was,on the day of ,19 ,com-
mitted to gaol by ,Esquire,Magistrate,as a fugitive from justice,
there to await the order of His Excellency the Governor,under the provisions of the
above-mentioned Ordinance.
2.That your petitioner has been advised [or believes[that the said order of com-
mittal ought to be reversed on the following grounds;that is to say,-
[State grounds.]
3.That your petitioner has given notice to the Magistrate of his desire to appeal
against the said order,but the Magistrate has refused to allow the said appeal.
Your petitioner therefore humble prays that this Honourable Court will be pleased
to order that the said appeal be allowed.
And your petitioner will ever pray,&c.,&c.
Dated the day of ,19 ,

FORM No. 6. [s.7.]
Notice to the Crown Solicitor of the Magistrate's Intention to
discharge the Fugitive or of the Fugitive's appeal.
THE MACAO EXTRADTITION ORDINANCE,1881.
HONGKONG.
To Esquire,Crown Solicitor.
Whereas one has been brought before ,Esquire,one of
the Magistrates,charged with having on the day of ,
19 ,committed the crime of within the territory of Macao and with
being a fugitive from justice;and whereas the evidence which has been shown to the
said Magistrate of the criminality of the said is not, in his opinion. sufficient to justify his committal to gaol under the provisions of the above-mentioned
Ordinance,and whereas,by reason thereof,the said Magistrate intends to make an
order for his discharge on next,the day of ,19 ,at
the hour of [or and whereas the said Magistrate has ordered the committal
of the said fugitive to gaol under the provisions of the above-mentioned Ordinance;and
whereas the said fugitive his appealed against the said order of committal];This is,
therefore,to give you notice of such intended order [or appeal] pursuant to section 7 of
the above-mentioned Ordinance.
Dated the day of ,19
(Signed.) Magistrate's Clerk.

FORM No. 7. [s.7.]
Magistrate's Order of Discharge.
THE MACAO EXTRADITION ORDINANCE,1881.
HONGKONG TO WIT.
To superintendent of the Gaol.
Whereas on day[or days] of ,19 ,one
late of was brought before me one of the Magistrates
sitting at the Magistrates' Court of this Colony,charged with having committed,on the
day of ,19 ,within te territory of Macao,the crime of
and with being a fugitive from justoce;and whereas the evidence
which has been shown to me of the criminality of the said is not,in
my opinion,sufficient to justify his committal to gaol,under the provisions of section
6 of the above-mentioned Ordinance:You are hereby ordered to discharge the said
from your custody in the said gaol under the said Ordinance;and for so
doing this shall be your warrant.
Given under my hand and seal,at the Magistrates's Court of this Colony,this
day of ,19
[L.S.] (Signed.) Magistrate.

FORM No. 8. [s.9.]
Extradition Order of Governor-in-Council.
THE MACAI EXTRADITION ORDINANCE,1881.
HONGKONG.
To the Superintendent of the Gaol.
Whereas on the day of ,19 ,one was
committed to gaol as a fugitive under the provisions of the above-mentioned Ordinance;
and whereas the said is now in the Gaol in your custody under the
said committal;and whereas it has been determined that the said fugitive shall be
surrendered to the Government of Macao:You are hereby ordered to deliver the said
unto being the person duly authorised by the
Governor of Macao to receive the said fugitive and to convey him within the territory
of Macao;and for so doing this shall be your warrant.
Approved in Council this day of ,19
(Signed.) Governor.
(Signed.) Clerk of the Councils. Form No. 9.
Order of Release by Governor-in-Council.
THE MACAO EXTRADITION ORDINANCL, 1881.
HONGRONG.
To the Superintendent of the Gaol.
Whereas one is now in your custody as a fugitive under the pro-
visions of the above-mentioned Ordinance; and whereas it has been determined that no
extradition order shall be granted in respect of the said fugitive: You are hereby ordered
to release the said from custody under the above-mentioned Ordi-
nance.

Approved in Council this day of ,19
(Signed.) Governor.
(Signed.) Clerk of the Councils,
Short title. Interpretation. Issue by Governor to Magistrates of warrant to apprehend criminal fugitive from Macao. 1st schedule. 2nd schedule Form 1. Issue of warrant by Magistrate. 2nd schedule Forms 2 & 3. Proceedings before Magistrate. Committal by Magistrate. 2nd schedule Form 4. Appeal to the Supreme Court. 2nd schedule Form 5. Form 6. Form 7. Report by Magistrate to Governor. Order by Governor-in-Council for delivery up of fugitive. 2nd schedule Form 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Governor-in-Council may order release. 2nd schedule Form 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of offence and expunge offence from list. 1st schedule. Expenses. Protection of Magistrate and officers. Forms. 2nd schedule. Governor-in-Council may repeal or suspend the Ordinance or part thereof.

Short title. Interpretation. Issue by Governor to Magistrates of warrant to apprehend criminal fugitive from Macao. 1st schedule. 2nd schedule Form 1. Issue of warrant by Magistrate. 2nd schedule Forms 2 & 3. Proceedings before Magistrate. Committal by Magistrate. 2nd schedule Form 4. Appeal to the Supreme Court. 2nd schedule Form 5. Form 6. Form 7. Report by Magistrate to Governor. Order by Governor-in-Council for delivery up of fugitive. 2nd schedule Form 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Governor-in-Council may order release. 2nd schedule Form 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of offence and expunge offence from list. 1st schedule. Expenses. Protection of Magistrate and officers. Forms. 2nd schedule. Governor-in-Council may repeal or suspend the Ordinance or part thereof.

https://oelawhk.lib.hku.hk/items/show/806

MARRIAGE ORDINANCE, 1875

No. 7 of 1875.
To provide a general Register of Marriages celebrated in the
Colony. [in force 1st March,1876.]
[Preamble rep. No. 62 of 1911.]

1. The Marriage Ordinance, 1875.

2.-(1) The Registrar General shall be Registrar of Marriages,
and, to assist him, the Goverrior may appoint, one or more Deputy
Registrars, and such deputies may celebrate marriages, and may
exercise all the other powers and perform all the duties conferred
upon the Registrar General by this Ordinance.
(2) All acts done by a deputy shall be as valid as if done,by the
Registrar General.

3. The Governor may license any place of public worship to be
a place for the celebration of marriages, and may at any time
cancel any such licence.

4.Whenever the Governor grants or cancels any such licence,
the Registrar General shall give public notice thereof in the

Gazette.

5.-(1) Whenever any persons desire to marry, one of the
parties to the intended marriage shall give notice thereof to the
Registrar General in form No. 1 in the Ist schedule.





(2) Every such notice shall be signed by the party giving the
notice.

6.-(1) The Registrar General shall file every such notice in his
office.
(2) He shall exhibit one copy of such notice at the Registrar
General's Office, and may, if he thinks fit, exhibit copies in other
conspicuous places open to the public, and shall keep every such
copy so exhibited until he issues a certificate as hereinafter
mentioned or until the 3 months referred to in section 10 expire.
(3) He shall also enter a copy of the said notice, with the date
of such entry, in a book to be called the Marriage Notice Book.
(4) He shall allow any person to inspect such hook during office
hours without fee.

7. The Registrar General shall supply forms of notice gratui-
tously to persons applying for the same.

8. At any time not more than 3 months or (except when the
Governor grants a licence) less than 15 days after the giving of

such notice, the Registrar General shall, on the request of either
of the parties, issue a certificate in the form No. 2 in the Ist
schedule.

9. The Governor may, at any time after a party has given notice
as aforesaid, grant a licence, in the form No. 3 in the 1st schedule,
authbrising the Registrar General to issue his certificatc on or
after any day named in such licence.

10. If the marriage does not take place, within 3 montils after
the giving ofter above-mentioned notice, the notice given and all
proceedings thereupon shall be utterly void, and fresh notice will
be required before any marriage can be had between the parties.

11-(1) The Governor may, when he sees fit, grant a special
licence, in the form No. 4 in the 1st schedule, dispensing with
notice as aforesaid, or with the certificate of the Registrar General,
or with both, and authorising the celebration of a marriage

between the partics named at a place and at a time specified in
the licence.





(2) The Governor may grant such licence without payment of
any fee, or on payment of such reduced fee as, under the special
circumstances of the case, he may think sufficient.

12. Before the Registrar General issues any certificate and
before the Govenor grants any licence, one of the parties to the
intended marriage shall appear personally before the Registrar
General and make affidavit the Registrar General is hereby
authorised to take)that he or she believes that there is not only
impediment of kindred or alliance or any other lawful hindrance to
the marriage,and either that the consent of the parties required
by law to consent to the marriage has been obtained or that no
such consent is required.

13. If either party to the intended marriage, not being a
widower or a widow, is under 21 years of age, the written consent
of the fater,or, if he is dead or non compos mentis, of the
mother,or, if both are dead or non compos mentis, of the lawful
guardian of such party,must be produces to the Registrar General
before he issues a certificate or to the Governor before he grants a
licence.

14. If there is no parent or guardian of such party residing in

the Colony and Capable of consenting,the Registrar General may

give his consent in writing to the marriage, if on inquiry the
marriage appears to him to be proper, and such consent shall be
as effectual as if the father or mother or guardian had consented.

15.-(1)Any person whose consent is required as aforesaid may
forbid the issue of the Registrar General's certificate by writing
the word 'Forbidden' opposite the entry in the Magistrate Notice
Book, and by signing his name and the character in which he
forbids the issue.
(2)If the issue of any certificate is so forbidden, the notice and
all proceedings thereupon shall be void.

16-(1) If either of the parties to the intended marriage alleges
that the person forbidding the issue of the certificate is not
authorised by law to do so,the Registrar General shall inquire
into the matter, and if he is satisfied that the person is not so
authorised, he may proceled to issue the certificate in due course,
without reckoning the time that has elapsed since the issue was
forbidden.





(2) For the purposes of such inquiry or of any inquiry under
section 14, the Registrar General may administer an oath to any
person.
17.-(1) If the Registrar General considers that the person
forbidding the issue of the certificate is authorised to do so, either
of the parties to the intended marriage may appeal by petition to
the Supreme Court,and the Court or Judge may hear and deter-
mine the matter of the petition in a summary way.
(2) Such determination shall be final ; and the Registrar
General shall proceed in accordance therewith,without reckoning
the time that has elapsed since the issue was forbidden.

18. Every person who-
(1) wilfully makes any false statement in any affidavit as afore-
said ; or

(2)wilfully makes upon oath any false statement or gives any
false answer in any inquiry by the Registrar General,
shall be liable to imprisonment for any term not exceeditig 2 years.

19.-(1) Marriages may be celebrated in any licensed place of
worship by any competent minister of the chruch,denomination,
or body to which such place of worship belongs, and according to
the rites or usages of marriage observed in such church, denomi-
nation, or body, provided that the marriage is celebrated with
open doors, and (except in case of a special licence) between 6
a.m. and 6 p.m., and in the presence of two or more witnesses,
besides the officiating minister.
(2) No minister shall celebrate any marriage until the parties
deliver to him tbe Registrar General's certificate or Governor's
special licence.

20.-(1) The Registrar General shall canse to be prepared and
delivered to the several licensed places of worship books of
marriage certificates in duplicate and with butts in the form No. 5
in the 1st schedule.
(2) The certificate shall be signed in duplicate by the officiating

minister,by the parties,and by two or more witnesses to the
marriage.






(3) The minister shall deliver one certificate to the parties,
immediately after the marriage,and shall transmit the other to

the Registrar General within 7 days thereafter, who shall file the
same in his office.
(4) The officiating minister shall enter in the butt the names of
the parties and the date of the marriage.

21.-(1) After the of a certificate by the Registrar
General, the parties may, if they think fit, contract a marriage
before the Registrar General:Provided that, before they are per-
mitted to do so, each of the parties shall sign a written declaration
in the presence of the Registrar General,which he shall witness,
in the form No. 6 in the 1st schedule.
(2) Such declaration shall, if necessary, be interpreted to both
or either of the parties in their or his or tier own language in the
presence of the Registrar General, and the person interpreting
such declaration shall subscribe his name to it as interpreter.
(3) The marriage shall tahe place in the presence of two or
more witnessos, in the Registrar General's office, with open doors,
and (except in case of a special licence) between 10 a.m. and 4
p.m., and in the following manner:-
(a) the Registrar General shall first address the parties to the
following effect:-
'Know ye, A.B., and C.D., that, by the public taking of
each other as man and wife in my presence and in the presence
of the persons now here,and by the subsequent attestation
thereof by signing your names to that effect, you become
legally married to each other although no other rite of a civil
or religious nature shall take place; and know ye further that
this marriage caiinot be dissolved during your lifetime,except
by a valid judgment of divorce, and that if either of you, be-
fore the death of the other,shall contract another marriage
while this remains undissolved,you will thereby be guilty of
bigamy, and be liable to the punishment inflicted for that
grievous offence : ' and
(b) each of the parties shall then say to the other:-
'I call upon all persons here present to witness that I,
A.B., do take thee, C.D., to be my lawful wife [or husband].'
(4) The Registrar General and the parties and witnesses shall
thereupon sign duplicate certificates in the form and manner
hereinbefore prescribed.
(5) The Registrar General shall deliver one certificate to the
parties and shall file the other in his office.




22. Whenever the Governor's special licence authorises the
celebration of a marriage at a place other than a registered place
of worship or the office of the Registrar GeneraI, the Begistrar

General, on taking the affidavit of one of the parties to the
marriage, shall deliver to him or her a blank certificate of marriage
in duplicate,and the minister celebrating the marriage, the
parties, and two witnesses shall sign the same,in manner herein-
before prescribed, and the minisfer shall deliver one certificate to
the parties,immediately after the marriage,and shall transmit the
other to the Registrar General within 7 days thereafter,and the
Registrar General shall file the same in his office.

23, The Registrar General shall register all certificates of
marriage filed in his office in such order and manner as he thinks
best suited for easy reference thereto.
24. Any certificate of marriage filed in the office of the
Registrar General, or a copy thereof, proovided it purports to be
signed and certified as a true copy by the Registrar General and
to be sealed or stamped with his official seal,shall be admissible as
evidence of the marriage to which the same relates in any Court
or before any person having by law or by consent of parties
authority to hear, receive, and examine evidence.

25. The Registrar General may,when authorised by the
Colonial Secretary to do so, correct any clerical error in any
certificate of marriage on production to him of the certificate de-
livered to the parties,and shall authenticate every such correction
by his signation,or by making the same with his initials, and the
date of making the correction.

25a. The Registrar General may allow searches to be made
amongst all ceritificates,licences,registers and indices in his
possession and give a certified copy of any entry therein, and issue
a cerfificate to the effect that there is no recrod of a marriage
between certain persons named having taken place.

26.-(1)No marriage shall be valid which would be null and
void on the ground of kindred or affinity in England or Wales.





(2) A marriage shall be null and void if both parties knowingly
and wilfully acquiesce in its celebration in any place other than
the office of the Registrar General or a lisensed place of worship
(except when authorised by special licence),or under a false name
or without a certificate of notice or liecence duly issued, or by a
person not being a competent minister or the Registrar General
or his deputy.
(3) But no marriage shall, after celebration, be deemed invalid
by reason that any provision of this Ordinance, other than the
foregoing,has not been complied with.

27. All marriages celebrated under this Ordinance shall be good
and valid in law to all intents and purposes.

28, Every person who, knowing that the written consent of the
proper person as herein prescribed has not been obtained, marries,
or assists or procures any ofter person to marry, a person under
the age of 21 years, not being a widow or widower,shall be guilty
of a misdemeanor, and shall be liable to imprisonment for any
term not exceeding 2 years.

29. Any minister who-
(1) wilfully celebrates a marriage in the case of minor, with-
out such written consent as herein prescribed;or
(2) wilfully celebrates a marriage contrary to any other provi-
sion of this Ordinance, or knowing that any provision of this
Ordinance has not been complied with,
shall be guilty of a misdemeanor,and shall be liable to imprison-
ment, without hard labour, for any term not exceeding 2 years.

30. Any minister who, after celebrating a marriage, fails to
transmit the certificate thereof to the Registrar General within 7
days thereafter shall be liable to a fine not exceeding 50 dollars.
31.Every person who wilfully removes,defaces, alters, or
destroys any copy of a notice of intended marriage shall be liable
to a fine not exceeding 25 dollars.


32. Every person who knowingly and wilfully celebrates or pre-
tends to celebrate a marriage,not being competent to do
so,shall be guilty of a misdemeanor,and shall be liable to im-
prisonment for any term not exceeding 2 years.




33. All fines for offences against this Ordinance may be recover-
ed in a summary way before a Magistrate.

34. The forms in the last schedule may be used in the cases to
which they are applicable with such alterations as circumstances
may render necessary.

35. The fees specified in the 2nd schedule shall be pid to the
Registrar General for the several matters to which they are ap-
plicable; provided always that it shall be lawful for the Governor-
in-Council to make such alterations therein as shall be deemed
advisable.

36. The Registrar General may,in any case where he is satisfied
of the poverty of the parties, reduce the, aniowit, of the said fees
or even remit them altogether.

37. Chinese persons may be permitted to contract marriage be-
fore the Registrar General under this Ordinance only on proving
to his satisfaction:-
(a) that both parties were born in the Colony or are permanent-
ly resident therein ; and
(b) that a marriage has already been contracted or is about to
be contracted between the parties according to the rites and
customs observed in China; and
(c) that neither of the parties has living an undivorced husband
or wife other than the person with whom she or he desires to
contract marriage under this Ordinance.
Provided always tbat the Govertior shall have power where the
circumstances appear to him to justify his so doing to grant a
special licence under section 11 to any person who desires to con-
tract a marriage under this Ordinance,and in such case this Ordi-
nance shall apply to the marriage of the parties in respect of whom
the special licence is granted.

38. Save as is provided by the last section this Ordinance shall
apply to all marriages where neither of the parties has living an







undivorced husband or wife, except marriages between persons
neither of whom professes the Christian religion duly celebrated
according to the personal law and religion of the parties,

FIRST SCHEDULE.

FORM No. 1. [s.5.]

Notice of Marriage.

To the Registrar General of Hongkong.

I hereby give you notice that a marriage is intended to be had, within 3 months from
the date hereof, between me and the other party herein named.

Witness my hand this day of , 19.
(Signed.) Party giving the notice.


FORM No. 2. [s.8.]
Registrar General's Certificate.
I, ,Registrar General of Hongkong, do hereby certify that on
the day of ,19 , notice was duly entered in the Marriage
Notice Book of the said Colony of the marriage intended to be bad between the parties
herein named and deseribed.

Date of notice entered ,19 The issue of this certificate has not been
Date of certificate given ,19 forbidden by any person authorised to
{ forbid the issue thereon.
Witness my band this day of ,19 .

(Signed.) Registrar General.

This cerbificata will be void unless the marriage is solemnised on or before the
day of ,19 .
This certificate was issued by virtue the Governor's licence dated the day of




FORM No. 3. [s.9.]
Licence to Registrar General to issue Certificate.
HONGKONG.

The Marriage Ordinance, 1875, section 9,

Whereas on the day of ,19 , notice was given to the
Registrar General of a marriage intended to be had between A.B. and C.D. therein
nentioned, and the said A.B. desires to obtain a licence for the immediate issue of a
certificate of such notice, and has made before the said Registrar General the affidavit
required by the marriage Ordinance, 1875, section 12 :Now, therefore, in pursuance
the said Ordinance, I do hereby authorise the said Registrar General to issue the
paid certificate, at any time on or after the day of ,19 ,
and within 3 calendar months of the said day of ,19 .

Given under my hand this day of ,19 .
(Signed.) Governor.
The date of the notice.


FORM No. 4. [s.11.]
Special Licence.
HONGKONG.


The Marriage Ordinanre, 1875, section 11.

Whereas A.B. and C.D. desire to marry, and sufficient cause has been shown to me
by such marriage should be allowed without the formalities prescribed by the Marriage
Ordinance,1875:Now, therefore, in pursuance of the said Ordinance, I do dispense
with the giving of notice and the issue of the certificate thereby prescribed [or as the
case may be] and do hereby authorise any competent person to celebrate marriage be-
tween the said A.B. and C.D. at [place of celebration] on the day of
19 , between the hours of o'clock in the forenoon and o'clock in
he afternoon.

Given under my hand this day of ,19 .
(Signed.) Governor.

FORM No. 5. [s.20.]
Certificate of Marriage.
Hongkong- Ordinance No.7 of 1875,sec.20. Hongkong-Ordinance No.7 of 1875,sec.20.
I Marriage solemnised in the at in Hongkong. I Marriage solemnised in the at in HOngkong. FORM No. 6. [s.21.]

I, A.B., of do hereby declare that I fully understand that by publicly
taking C.D as my wife [or husband,as the case may be]in te presence of the Re-
gistrar General, I shall become lagelly married and bound to the said G.D., although
no other rite of a civil or religious nature shall take place, and I also understand that
the effect of my publicly taking the said C.D. as my wife, [or husband, as the case may
be] as aforesaid is to create between us a marriage which cannot be dissolved during
our joint lives except by a valid judgment of divorce,and that if either of us, before
the death of the other,shall contract another marriage while this one remains undis-
solved, he or she will be guilty of bigamy and will be liable to the punishment for that
offence.

Dated the day of ,19 .

(Signed.) A. B.

Witness, (Signed.) W.X., Registrar General.
Interpreted to the said A.B. in tbe language, in the preseiiee of

W.X., Registrar General.

(Signed.) Y.Z., Interpreter.

SECOND SCHEDULE.
TABLE OF FEES. [s.35.]


Notice of marriage Nil.
Certificate of notice 1 dollar.
Search 1
Certified copy 1
Certificate of absence of any record for a period
not exceeding 10 yeaes 5 dollars.
The same for period exceeding 10 years 10
Licence to Registrar General to issue his cer-
tificate 10
Special licence 50
Marriage at the office of the Registrar General 10
Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage 1st schedule Form 1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms. Issue of certificate. 1st schedule Form 2. Grant of licence. 1st schedule Form 3. Notice void unless marriage within 3 months. Grant of special licence in case of emergency. 1st schedule Form 4. Affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Registrar General for parent or guardian. Right to forbid issue of certificate. Registrar General may inquire into right to forbid. Appeal against decision of Registrar General. Punishment for false statement upon oath. Celebration of marriage in licensed place of worship. Certificates of marriage. 1st schedule Form 5. Marriage before Registrar General. 1st schedule Form 6. Marriage by special licence at other place. Registration of certificate of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., minor without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removing, etc, notice. Punishment of unauthorised person celebrating marriage. Fines. Use of forms. Fees. Reduction or remission of fees. Marriage of Chinese before Registrar General. Application of Ordinance.

Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage 1st schedule Form 1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms. Issue of certificate. 1st schedule Form 2. Grant of licence. 1st schedule Form 3. Notice void unless marriage within 3 months. Grant of special licence in case of emergency. 1st schedule Form 4. Affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Registrar General for parent or guardian. Right to forbid issue of certificate. Registrar General may inquire into right to forbid. Appeal against decision of Registrar General. Punishment for false statement upon oath. Celebration of marriage in licensed place of worship. Certificates of marriage. 1st schedule Form 5. Marriage before Registrar General. 1st schedule Form 6. Marriage by special licence at other place. Registration of certificate of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., minor without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removing, etc, notice. Punishment of unauthorised person celebrating marriage. Fines. Use of forms. Fees. Reduction or remission of fees. Marriage of Chinese before Registrar General. Application of Ordinance.

https://oelawhk.lib.hku.hk/items/show/805

CROWN REMEDIES ORDINANCE, 1875

No. 6 of 1875.
To consolidate and amend the laws relating to the recovery of
Crown Debts, Fees, and Forfeitures.
[18th September 1875.]
1. The Crown Remedies Ordinance, 1875.





2. Whenever any person makes default in payment of any sum
of money due or payable by him to the Crown in respect of rent,
or of any assessment for rates, or of any fees or forfeitures,
or of any instalment thereof,the Treasurer may recover the same
by action in the Supenw Court in its Summary Jurisdiction,
although the amount claimed exceeds 1,000 dollars.

3. The writ of summons in any such action shall be taken to
have been duly served if it appears, to the satisfaction of the
Court, that the writ was left at the defendant's residence or place
of business, or, in case the same is unknown, then that it was
left on the tenement or premises in respect of which the clahn
is made.

4.-(1) A certificate purporting to be under the hand,of the
Treasurer, and setting forth that the sum claimed is due or payable
to the Crown and that the person sued is liable to the payrnent
thereof, and specifying the nature, and particulars of the claim,
shall be prima facie evidence of the facts certified therein and of
the signature of the Treasurer thereto.
(2) Such certificate shall be sufficient if made in the form in
the schedule or to the like effect.

5. In all action for the recovery of Crown rent,the certificate
shall not be sufficient unless it purports to be signed by the Land
Officer as well as by the Treasurer.

6. In all matters under this Ordinance, the Treasurer shall sue
as Treasurer, but may he reprosented in the Court by any person
whom he may appoint in that behalf.

7. In any case under this Ordinance, the Court may award
interest at the rate of 8 per centum per annum on the sum
recovered from the day when the same became due or payable.

8. Nothing in this Ordinance shall affect any other remedy of
the Crown for the recovery of such sunis as aforesaid.

9.-(1) The Treasurer may,with the approval of the Court,
appoint a special bailiff for the service of process in proceedings
wider this Ordinance.






(2) Such special bailiff shall have, in respect of such proceed-
ings,the like powers, and shall be, entitled to receive the same
fees for the service of process therein, as the bailiff of the Supreme
Court.

SCHEDULE. [s.4.]
FORM OF TREASURER'S CERTTIFICATE.
Nature and Particulars of Claim for Crown Rent.



1, A.B., Colonial Treasurer of Hongkong,hereby certify that the several persons whose
names are entered in the first column of the above schedule have made default in the
payment of the sums appearing opposite to their respective names in the second column,
in respect of Crown Rent,and I,C.D., Land Officer, hereby certify that the particulars
of the above claims for Crown Rent against such persons are truly set forth opposite
their respective names in the 3rd, 4th,and 5th columns.

Dated the day of ,19 .
(Signed.) Treasurer.
(Signed .) Land Officer.

Nature and Particulars of Claim for Police, Lighting, Water and
Fire Brigade Rates.


I, A.B., Colonial Treasurer of Hongkong, herehy certify that the several person whose
names are entered in the first coloumn of the above schedule have made default in the
payment to the Crown of the sums appearing opposite to their respective names in the
second column, and that the said persons are severally liable to the payment thereof
in respect of the claims, the nature and particulars of which are truly set forth opposite
their respective names in the 3rd, 4th, and 5th columns.

Dated the day of ,19 .
(Signed.) Treasurer.
Nature and Particulars of Claim for Spirit Licence Fees.

1, A.B., Colonial Treasurer of Hongkong, hereby certify that the several persons whose
names are entered in the column of the above schedule have made default in the
payment to tbe Crown of the sums appearing opposite to their respective names in the
second colomn, and that the said persons are severally liable to the payment thereof in
respect of the claims, the nature and particulars of which are truly set forth opposite
their respective names in the 3rd, 4th, and 5th columns.
Dated the day of ,19 .

(Signed.) Treasurer.
Short title. Power to Treasurer to sue for rent, etc., due to the Crown. Service of writ of summons. Certificate of Treasurer to be evidence. Land Officer to sign in case of Crown rent. Treasurer may appear by any person. Interest. Saving of other remedies. Appointment and powers of special bailiff.

Short title. Power to Treasurer to sue for rent, etc., due to the Crown. Service of writ of summons. Certificate of Treasurer to be evidence. Land Officer to sign in case of Crown rent. Treasurer may appear by any person. Interest. Saving of other remedies. Appointment and powers of special bailiff.

https://oelawhk.lib.hku.hk/items/show/804

EXTRADITION ORDINANCE, (HONGKONG), 1875

No. 5 of 1875.

To provide for the more convenlent administration of ' The
Extradition Acts, 1870 and 1873.' [18th Sept., 1875.]
WHEREAS by the Act of the lmperial Parliament known as 'The
Extradition Act, 1870,' it is amongst other things enacted that
the said Act, when applied by Order-in-Council, shall, unless it
is otherwise provided by such Order, extend to every British
possession, but with the following among other modifications,
namely, no warrant of a Secretary of State shall be required, and
all powers vested in or acts authorised or required to be done

under the said Act by the Police Magistrate and the Secretary of
State, or either of them, in relation to the surrender of a fugitive
criminal, may be done by the Governor of the British possession
alone, and any prison in the British possession may be substitut-
ed for a prison in Middlesex;AND WHEREAS by thesaid Act it is
also enacted that if by any law or Ordinance inadc before or after
the passing of the said Act, by the Legislature of any British
possession, provision is made for carrying into effect, within such
possession, the surrender of fugitive criminals who are in or
suspected of being in such British possession,Her Majesty may,
by the Order-in-Council applying the said Act in the case of any
foreign State or by any subsequent order, either suspend the
operation, within such British possession of the said Act, or any
part thereof, so far as it relates to such foreign State, and so long
as such law or Ordinance continnes in force, there, and no longer,
or direct, that such law or Ordinance, or any part thereof, shall
have effect in such British possession,with or without modifica-
tions and alterittions, as, if it wore part, of tbe said Act; AND
WHREAS by another Act of the Imperial Parliament known as
' The Extradition Act, 1873,' it is enacted that the said Act
shall be construed as one with 'The Extradition Act, 1870,' and
that the said two Acts may be cited together as 'The Extradition
Acts, 1870 and 1873 '; AND WHEREAS it is expedient to provide
a more convenient method of administering 'The Extradition
Acts, 1870 and 1873,' in this Colony:-
1. The Extradition Ordinance, (Hongkong), 1875.

2. All powers vested in or acts authorised is required to be done
under 'The Exiradition Acts, 1870 and 1873,' by the Secretary
of State, in relation to the surrender of a fugitive criminal, may,
in respect of this Colony, be exercised and done by the Governor.
3. All powers vested in or acts anthorised or required to be done
under ''The Extradition Acts, 1870 and 1873,' by the Police Ma-
gistrate, in relation to the surrender of a fugitive criminal, may, in
respect of this Colony, be exercised and done by any Magistrate.
4. The Goal shall be a prison for the purposes of this Ordinance
and of 'The Extradition Acts, 1870 and 1873.'
[33 & 34 Vict.c.52.] [Order-in-Council, 20th March, 1877.] [36 & 37 Vict.c.60] [33 & 34 Vict.c. 52.] Short title. Powers of Secretary of State to be exercised by Governor. Powers of Police magistrate to be exercised by Magistrates. The Gaol to be prison for extradition.

[33 & 34 Vict.c.52.] [Order-in-Council, 20th March, 1877.] [36 & 37 Vict.c.60] [33 & 34 Vict.c. 52.] Short title. Powers of Secretary of State to be exercised by Governor. Powers of Police magistrate to be exercised by Magistrates. The Gaol to be prison for extradition.

https://oelawhk.lib.hku.hk/items/show/803

NAVAL STORES ORDINANCE, 1875

No. 4 of 1875.
For the more effectual protection of His Majesty's Naval
Stores.
1. The Naval Stores Ordinance,1875.

2. In this Ordinance-
' The Admiralty' incIndes the officer in command of His
Majesty's Naval Force in the Colony .
' Dealer in Marine Stores ' means any person dealing in, buy-
ing, and selling anchors, cables, sails, or old junk, old iron, or
marine stores of any description:
' Dealer in Old Metals ' means any person dealing in, buying,
and selling old metal, scrap metal, broken metal or partly manu-
factured metal goods,or defaced or old metal goods, and whether
such person deals in such articles only or together with second
hand goods or marine stores; and 'Old Metal' means the said
articles:
'In His Majesty's Service,' when applied to persons,applies
also to persons in the employment of the, Admiralty:
' Stores' include all goods and chattels and any single store
or article.

3. No person shall use or exercise the trade or business of a
dealer in marine, stores,or a dealor in old metals,unless he is the
holder of a licence for that purpose.






4. Every such licence shall be granted by and held at the dis-
cretion of the Captain Superintendent of Police on such conditions
as to fees and subject to such regnlations as inay be prescribed hy
the Governor-in-Council.

5. Every dealer in marine stores to whom a licence is granted
shall keep books fairly written, and shall enter therein an account
of all such marine stores or old metal as he may from time to time
become possossed of,stating in respect of each article the time at
which and the person from whom he purchased or received the
saine, adding, in (lie casse of every such last-mentioned person, a
description of his business and place of abode.

6. Every person to whom such licence is granted shall, when-
ever thereunto required by any Superintendent or Inspector of
Police, or by any constable bearing a written order in that behalf
under the hand of a Superintendent ,produce for the inspection
of the party so requiring him all or any marine stores or old metal
in his possession or subject to his control and all books and papers
relating to the same.

7. Every person who acts in contravention of the provisions
contained in sections 3, 5, or 6, or of any regulation made under

section 4, shall, on summary conviction, be liable to a penalty not
exceeding 200 dollars or to imprisonment for any term not exceed-
ing 3 months.
8.-(1) The marks described in the schedule may be applied in
or on stores therein described to denoto his property in
stores so marked.
(2) It shall be lawful for the Admiralty,their contractors,
officers, and workmen, to apply the said marks, or any of them,
in or on any such stores its are, described in the schedule.
(8) Every person who without lawful authority applies any of
the said marks in or on any such stores shall be guilty of a
misdemeanor,and shall be liable to imprisonment for any term not
exceeding 2 years.






9. Every person who, with intent to conceal His Majesty's
property in any stores, takes out, destroys, or obliterates, wholly
or in part, any such mark as aforesaid shall be guilty of felony,
and shall be liable to imprisonment for any term not exceeding
4 years.

10-(1) If stores are found in the possession or keeping of any
person being in His Majesty's service or in the service of the
Admiralty, or being a dealer in marine stores or in old metals or
a pawnbroker (within the meaning of any enactments relating to
such dealers or to pawnbrokers), and he is taken or summoned
before a Magistrate, and the Magistrate sees reasonable grounds
for believing the stores found to be or to have been His Majesty's
property, then, if such person does not satisfy the Magistrate that
he came lawfully by the stores found, he shall, on summary
conviction, be liable to a penalty not exceeding 25 dollars.
(52) For the purposes of this section, stores shall be deemed to
be in the possession or keeping of any person if he knowingly has
them in the actual possession or keeping of any other person or in
any house, building, lodging, apartment, field,or place, open or
enclosed, whether occupied by himself or not and whether the
same are so had for his own use or benefit or for the use or benefit
of another person.

11-(1) It shall not be lawful for any person,without per-
mission in writing from the Amiralty or from some person
authorised by the Admiralty in that behalf,to gather or search
for stores, or to creep,sweep or dredge, in the harbour witbin
100 yards from any vessel belonging to His Majesty or in His
Majesty's service, or from any mooring place or anchoring place
appropriated to such vessels, or from any moorings belonging to
His Majesty, or front any of His Majesty's wharves or dock,
victualling, or steam factory yards.
(2) Every person who acts in contravention of this section
shall, on summary conviction,be liable to a penalty not exceeding
25 dollars, or to imprisonment for any term not exceeding 3
months.

12. The following sections of the Larceny Ordinance, 1865,
shall be incorporated with this Ordinance, and shall be read as if
they, were ber6 re-enacted, namely, sections 86 to 88, 91, and
94 to 102; and for this purpose the expression ' this Ordinance ',
when used in the said incorporated sections, shall be taken to
include the present Ordinance.

13. Nothing in this Ordinance shall prevent any person from
being indicted under this Ordinance or otherwise for any indictable
offence made punishable on summary conviction by this Ordinance,
or prevent any person froni being liable, wider any other Ordinance
or otherwise to any other or higher penalty or punishment than
is provided for any offence by this Ordinance, so that no person
is punished twice for the sarne offence.

SCHEDULE. [s.8.]
MARKS APPROPRIATED FOR HIS MAJESTY'S USE IN OR ON NAVAL
AND VICTUALLING STORES.
Short title. Interpretation of terms. Licence for dealing in marine stores. Conditions of licence. Keeping of books by licence holder. Power to inspect goods, book, etc., of licence-holder. Punishment for contraventions. Appropriation of marks for His Majesty's stores. Obliterating mark, with intent to conceal. Penalty on dealer, etc., found in possession of stores, and not accounting for them. [cf. No. 1 of 1860.] Unauthorised persons not to gather stores, within 100 yards of His Majesty's vessels, etc. Incorporation of sections of the Larceny Ordinance, No. 5 of 1865. Saving of liability of offender to be indicted.

Short title. Interpretation of terms. Licence for dealing in marine stores. Conditions of licence. Keeping of books by licence holder. Power to inspect goods, book, etc., of licence-holder. Punishment for contraventions. Appropriation of marks for His Majesty's stores. Obliterating mark, with intent to conceal. Penalty on dealer, etc., found in possession of stores, and not accounting for them. [cf. No. 1 of 1860.] Unauthorised persons not to gather stores, within 100 yards of His Majesty's vessels, etc. Incorporation of sections of the Larceny Ordinance, No. 5 of 1865. Saving of liability of offender to be indicted.

https://oelawhk.lib.hku.hk/items/show/802

ST. PAUL'S COLLEGE ORDINANCE, 1875

No. 3 of 1875.

To provide for the devolution of the site of St. Paul's College.
[7th July, 1875.]
WHEREAS, by Letters Patent dated 11th May, 1849, Her Majesty
dA declare the City of Victoria, and all the territory comprised
within the Island of Hongkong and its dependencies, to be the
Diocese of the Bishop named in the said Letters Patent and of
his successors,and to be called in all time the Diocese of Victoria;
land did constitute the Church of St. John in the said City to be a
Cathedral Church and Bishop's See; AND WHEREAS the statutes
of St. Paul's College in Victoria were approved by his Grace the
then Archbishop of Canterbury on 15th October, 1849, and the
said statutes provided, amongst other things, that all property
of every kind thereafter to be given,transferred,or bequeathed to
the purpose of the College should be vested in the Bishop of
Victoria for the time, being as constituted by Her Majesty's
Letters Patent a body corporate; AND WHEREAS a Grown lease
dated 5th September, 1851 was made between Her Majesty of the
ono part, and the Right Roverend George Lord Bishop of Victoria,
in the Island of Hongkong, ex officio Warden, on behalf of the
Church of England Missionary Institution known as St. Paul's
College, of the other part, and thereby the land therein described
(being Inland Lot No. 76), with its appurtenances, was demised
to the said Lord Bishop of Victoria and his successors, being such
Warden, to hold unto the said Lord Bishop of Victoria and his
successors being such Warden for the full term of 999 years, com-
mencing on 19th April,1850, at the yearly rent of one dollar; AND
WHEREAS by Letters Patent datedIst November, 1872, Her
Majesty was pleased to revoke and determine the said recited
Letters Patent of 11th May, 1849, and other Letters Patent of
14th January, 1867, and every clause, article, and thing therein
contained; AND WHEREAS by the revocation of the Letters Patent
the said See and Bishopric of Victoria ceased to exist as thereto-
fore constituted; ANO WHEREAS by the revocation of the expedient to provide
for the devolution of the property comprised in the aforesaid
crown lease:-
1. The St. Paul's College Ordinance, 1875.

2. The above-recited Grown lease dated 5th September, 1851,
and all the portion of land therein described, with its appurten-
ances, and St. Paul's College and all other buildings erected on
the his land, shall vest In His Grace the Archbishop of Canterbury
and his successors for all the imexpired residue of the term of 999
years created by the said lease, upon and for the trusts, intents,
and purposes in the said lease expressed and declared and subject
to the covenants and conditions therein contained, and the said
Archibishop and his suceesors shall be deemed to be the lessees
of the said land as fully and effectually and to the same extent as
if they had been originally nanied as lessees in the said lease.
[ss. 3, 4, 5, 6, rep, No. 62 of 1911.]
Short title. Vesting of lease and site of St. Paul's College in Archbishop of Canterbury.

Short title. Vesting of lease and site of St. Paul's College in Archbishop of Canterbury.

https://oelawhk.lib.hku.hk/items/show/801

NAVAL ESTABLISHMENTS POLICE ORDINANCE, 1875

No. 1 of 1875.

For enforcing good order and discipline in the Police Force
employed in the Royal Noval Establishments.
[18th March, 1875.]
1. The Naval Establishments Police Ordinance,1875.






2. The police force employed in the Royal Naval Establishments
shall, within the said Establishments have all the powers, pro-
tection, and privileges of officers of police of corresponding rank,
and the Commodore or officer in charge of the Royal Naval
Establishments on shore may make rules and regulations for the
government of the said force.
3. In case of breach of discipline or negleet, of duty by any
member of the said police force, the Commodore or other officer
aforesaid may, on proof thereof, order the offender to forfeit and
pay a fine not exceeding 25 dollars,or order him to be imprisoned
in Victoria Gaol for any term not exceeding 7 days,without hard
labour, together with forfeiture of pay ; or he may, if he thinks fit,
refer the case to a Magistrate, who may deal with it as provided
in the next section.

4.Whenever any member of the said police force-
(1) is guilty of any neglect or violation of duty in his offlice ; or
(2) is guilty of any disobedience to the rules or regulations made
as aforesaid ; or
(3) is guilty of any other misconduct as a member of the said
police force; or
(4) having duly engaged to serve in the said police force, deserts
therefrom ; or
(5) being permitted to resign, does not, upon ceasing to belong
to the said force, deliver up all arms,accoutrements,and appoint-
ments whatsoever entrusted to him for the performance of his
duty,
he shall, on conviction thereof in a summary way before a
Magistrate,be liable to a fine not exceeding 200 dollars,or to
imprisonment for any term not exceeding 6 nionths together with
forfeiture of pay during such imprisonment.

5. The Commodore or other officer aforesaid shall cause all rules
and regulations made under this Ordinance to be forthwith sent
to the Governor, to be laid before the Legislative Council at its
next sitting.

6. This Ordinance shall extend to the police employed on

the messuages,lands,tenements,hereditamnets,erections,build-

ings, and property, or any or either of such messuages, lands,
tenements,hereditamnets,erections,buildings,and property, re-
ferred to in the Admiralty (Vesting of Property) Ordinance, 1863.
Short title. Regulations relating to Naval Yard Police. Commodore to punish for breach of duty or discipline, or may prosecute. Punishment by Magistrate. Regulations to be laid before Legislative Council. Ordinance to apply to police at other Naval Establishments. [No. 1 of 1863.]

Short title. Regulations relating to Naval Yard Police. Commodore to punish for breach of duty or discipline, or may prosecute. Punishment by Magistrate. Regulations to be laid before Legislative Council. Ordinance to apply to police at other Naval Establishments. [No. 1 of 1863.]

https://oelawhk.lib.hku.hk/items/show/800

FOREIGN RECRUITING ORDINANCE, 1874

No. 1 of 1874.

To control Recruiting for the service of Foreign States.
[16th November, 1874.]
WHEREAS it is Recruiting that the Governor should exercise full
control over recruiting in this Colony for the service of Foreign
States:-

1. The Foreign Recruiting Ordinance, 1874.

2. In this Ordinance, ' Foreign State ' includes any person
exercising or assuming to exercise the powers of government in

or over any country, colony, province, or people beyond the limits
of this Colorly.

3. If any person is, within this Colony, obtaining or attempting
to obtain recrults for tht, service, of any Foreign State in any
capacity, the Governor may, by order, either prohibit such person
from so doing or permit him to do so subject to any conditions
which he thinks fit to impose.

4. The Governor may by general order notified in the Gazette,
either prohibit recruiting for the service of any Foreign State or
impose upon such recruiting any conditions which he thinks fit.
[s. 5, rep.No. 62 of 1911.]
6. Every person who, in violation of the prohibition of the
Governor or of any condition subject to which permission to re-
cruit may have been accorded,-
(1) induces or attempts to induce any person to accept or agree
to accept, or to procced to any place with a view to obtaining, any
commission or employment in the service of any Foreign State; or
(2) knowingly aids in the engagement of any person so induced,
by forwarding or conveying him or by advancing money or in an

other way whatever,
shall be liable to imprisoninent for any period not exceeding 7
years, and to a fine of such amount as the Court thinks fit.
[s. 7, rep. No. G2 of 1911.]

Short title. Interpretation of terms. Power as to recruiting individuals. Powers as to recruiting generally. Punishment of offences.

Short title. Interpretation of terms. Power as to recruiting individuals. Powers as to recruiting generally. Punishment of offences.

https://oelawhk.lib.hku.hk/items/show/799

SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873

No. 4 of 1873.

To abolish the Court of Summary Jurisdiction,and to confer
upon the Supreme Court a summary jurisdiction at Law
and in Equity. [13th October,1873.]

1. The Supreme Court (Summary Jurisdiction) Ordinance,
1873.
2. In the Ordinance-
'The Supreme Court' or 'The Court' includes the Chief
Justice or any other Judge sitting in Court or in Chambers :






''The Judge' means the presiding Judge:
'The Registrar' means the Registrar of the Supreme Court:
'Bailitiff' means the officer appointed to execute the process of
the Supreme Court in its Summary Jurisdiction:
'The Original Jurisdiction Register' means the Cause Book
kept under the Code of Civil Procedure :
'The Register of Summary Actions' means the register of
actions established under this Ordinance:
''Original Jurisdiction' means the jurisdiction of the Supreme

Court on the trial of causes under the Code of Civil Procedure.

3. The Court of Summary Jurisdiction heretofore established is
abolished, and its seal and all the records thereof shall be deposited.
for custody in the Supreme Court.
[s. 4, rep. No. 62 of 1911.]

5. It shall be lawful for the Supreme Court to exercise a sum-
mary jurisdiction at law and in equity in the actions or matters
hereinafter mentioned.

6. The Supreme Court shall have and use, as occasion may
require, an additional seal bearing a device and impression of the

Royal Arms within an exergue or label surrounding the same with
the inscription,'Supreme Court of Hongkong,Summary Jurisdic-

tion' ; and every writ or other process issued by the Supreme
Court in its Summary Jurisdiction shall be stamped with such seal.

7. It shall be, lawful for the Supreme Court to exercise a com-
jurisdiction at law in all actions where the claim, debt, or
damages sought to be recovered does or do not exceed the sum of
1,000 dollars, and in all actions for the recovery of the possession
of tenements where, the annual rent or value thereof does not
exceed that amount.

8. All actions for sum not exceeding 1,000 dollars shall be com-
menced within 3 years next after the cause of action accrues,
unless there has been some contract,acknowledgment, under-
taking, or promise to pay in respect thereof by the party to be
charged within 3 years before the commencement of such action.





9. No person shall be precluded or exempted from suing or being
sued for an debt or dainages not exceeding 1,000 dollars by reason

of his not having attained the full age, of 21 years, or by reason of
coverture where the husband is not resident in the Colony.

10. No cause of action which exists at any one time, amounting
in the whole to a sum exceeding 1,000 dollars as aforesaid shall
be split or divided so as to be made the groond of two or more
different actions in order to bring such cases within the Summary
Jurisdiction of the Court, but if the Court finds that the plaintiff
in any case has split his cause of action as aforesaid, the Court
shall dismiss the action, without prejudice, however, to the plain-
tiff's right to sue upon the cause of action in such other manner
as he may be advised : Provided that if such plaintiff is satisfied
to recover a sum not exceeding 1,000 dollars, then the Court shall
and may entertain the action of such plaintiff,and in case any
order is made in favour of such plaintiff,the same shall be express-
ed to be, and shall be, in full discharge of the whole cause of
action.
11. Whenever a cause of action, under any contract entered into
in relation to any department of the public service, in which the
sum sought to be recovered does not exceed 1,000 dollars, accrues
to the Crown against any person ,or whenever any person has a
claim against the Crown under any such contract,the chief officer
of such department may sue and to be sued on behalf of the Govern-
ment in respect of such cause of action or claim in any by his
official capacity and designation : Provided always that no such
action shall be commenced without the consent of the Attorney
General, and that nothing herein contained shall affect any other
remedy in respect of such,cause of action or claim.
12. It shall be lawful for the Supreme Court to exercise a sum-
mary jurisdiction in equity in the actions or matters hereinafter
mentioned ; that, is to say :-
(1) in all actions by creditors,legatees,(whether specific,
pecuniary, or residuary),devisees,or next of kin,in which the
personal estate against or for an account or administration of
which the demand is made does not exceed in amount or value the
sum of 1,000 dollars;
(2) in all actions for the execution of trusts, in which the trust
estate or fund does not exceed in amount or value the sum of 1,000
dollars ;





(3) in all actions for foreclosure or redemption or for enforcing
any charge or lien, where the mortgage, charge, or lien does not
exceed in amount the sum of 1,000 dollars;
(4) in all actions for the specific performance, or for the re-
forming, delivering up, or cancelling, of any agreement for the
sale, purchase, or lease of any property, where, in the case of a
sale or purchase, the purchase money, or, in the case of a lease,
the value of the property, does not exceed the sum of 1,000 dollars ;
(5) in all actions for the dissolution or winding-up of any part-
nership, in which the whole property, stock, and credits of the
partnership do not exceed in amount or value the sum of 1,000
dollars; and
(6) in all proceedings for orders in the nature of injunctions,
where the same are requisite for granting relief in any matter in
which equitable jurisdiction is given to the Court by this Ordi-
narice :
Provided always ,that, on the day of trial specified in the writ of
surnmons, the, Judge may make a preliminary inquiry into the
claim, and, if satisfied that the case is within the provisions of
this section, may make such orders and give such directions with
respect to the filing of pleadings and any other matters as he may
deem necessary for the proper adjudication of the action.

Procedure.
13.-(1) The Registrar shall keep or cause to be kept a book
called the Register of Actions, Summary Jurisdiction ', which
shall be in the form in the schedule or as near thereto as circum-
stances permit,and shall contain the entries specified in the said
form.
(2) Every action or procceding, however instituted, shall be
numbered in each year according to the order in which the same
is commenced.

14. Every action under this Ordinance shall be commenced by
a writ of summons in the form prescribed by the Code of Civil
Procedure for actions instituted thereunder,except that every such
writ shall be entitled ' In the Supreme Court of Hongkong,
Summary Jurisdiction,' and shall specify the day of trial, and
shall have indorsed thercon full particiflars of the plaintiff's claim.






15. It shall not be necessary for the defendant to enter an
appearance to the writ of summons, but after service thereof the
action shall be tried and determined in a summary way without
pleadings: Provided always that the Judge may order the plaintiff

to file, within such time as he may direct, a written statement of
his claim, and may likewise order the defendant,within such time
as aforesaid, to file a written statement of his defence, and may
permit, any defence on equitable grounds.

16. The Judge may, in any proceeding before the Court, frame
issues of law and of fact for the better trial and determination of
the cause.

17. It shall be lawful for the Judge, on such grounds as he may
think sufficient, to review any, judgment or decision given by him,
within one month from the date thereof (except where either party
has obtained leave to appeal and the parties do not agree to the
withdrawal of the appeal), and on such review to re-open and re-
try the case, wholly or in part, and to take fresh evidence, and to
reverse, vary, or confirm his previous judgment or decision.

18. Except by consent or leave of the Court, no cause or matter
in the Summary Jurisdiction of the Court shall be set down for
trial or hearing before at least 3 clear days from the service of the
writ of summons, and, except by the like consent or leave, it shall
not be competent to the defendant to enter into any equitable de-
fence or into any special defence, such as set-off,illegality, want
of consideration, or the statute of limitations, unless, at least 24
hours written notice thereof has been first given to the plaintiff
or his solicitor or counsel.

19.-(1) No action or other proceeding in the Summary Juris-
diction of tbe Court shall be treated or considered as invalid, or
subject to be set aside, on account of any verbat or technical error ;
but all errors and mistakes may in all cases be amended or altered
by the Court.
(2) Unless the Court otherwise directs, all applications to the
Court or in Chambers which may be necessary in the course of
any such action or proceeding may be made verbally and without
any preliminary formality.






20.-(1) In every cause or matter if the Court is satisfied that
any party who is not represented by a solicitor or counsel is pre-
vented by good canso from attending in person, the Court may
permit any relative,friend,or agent of such party,who satisfies
the Court that he was authority in that behalf, to appear on his
behalf.
(2) If such authority is in writing, it shall not be liable to stamp
duty.

21. The Court may,on the application of either party,order that
a common or special jury consisting of 3 person be empanelled for
the trial of any cause.

22. The Court may allow such reasonable sum of money for the
attendance and loss of time of parties and witnesses as may
think fit, and the same, may be, recovered as costs in the cause.

23. In the execution of a Judgment or order the bailiff shall in
the first instance, if practicable, levy on the goods, chattels, and
effects of the party against whom it is made, and in the event
of his not being able to find sufficient goods, chattels, or effects,
and of the said party failing to point out to his notice any porperty
whereon to levy, the bailiff shall enforce the judgment or order
by personal arrest and imprisonment.

24. No execution awarded against the goods of any party shall
extend or be construed to extend to deprive any landlord of the
power vested in him by the Act 8 Anne. c. 18, or any enactment
relating to the recovery of rent.

25. If any claim is made to or in respect of any goods or chattels
taken in execution under the process of the Court, or in respect of
the proceeds or value thereof, by any landlord for rent or by any
person not being the party against whom such process has issued,
it shall be lawful for the Register, on the application of the officer

charged with the execution of such process,as well before as after
any action brought against such officer, to issue a summons calling

before the Court as well the party issuing such process as the party






making such claim, and thereupon the Court, shall adjudicate on

such claim and make such order between the parties in respect
thereof, and of the costs of the proceedings, as to it may seem fit,
and such order shall be enforced in like manner as any order made
in an action under this Ordinance.

26. The provisions of the Code of Civil Procedure shall be
applied, mutatis mutandis, to actions brought under this Ordi-
nance so far as the same can be,applicable thereto unless
the Court in any case, for the avoiding of delay or in furtherance
of substantial justice, thinks fit otherwise to direct, and except
where the said provisions may, in the opinion of the Court, be
unsuitable or may conflict or be inconsistent with any provisions
of this Ordinance.
[s. 27, rep. No. 7 of 1902 and No. 13 of 1911.]

28. In case the Court is of opinion that, notwithstanding the
provisions of this Ordinance, an action commenced in its Summary
Jurisdiction ought to be tried in its Original Jurisdiction, the

Court may order that the entry of such action in the register of
summary actions be transferred to the Original Jurisdiction
register.

29. In case the Court is of opinion that an action commenced
in its Original Jurisdiction ought to have been commenced in its
Summary Jurisdiction, or in case the plaintiff's claim is reduced
by payment, an admitted set-off, or otherwise to a sum not ex-
ceeding 1,000 dollars and the action is in other respects within
the Summary Jurisdiction, the Court may order that the entry of
such action in the Original Jurisdiction register be transferred to
the register of summary actions.

30.-(1) It shall not be necessary on the transfer of an action
for the plaintiff to issue a new writ, but the Registrar shall indorse
on the same writ a memorandum that the achon has been trans-
ferred by order of the Court.
(2) The action shall then be carried on as if it had been coin-
menced in the jurisdiction of the Court to which it has been so
transferred, and the Court may make any special orders in respect






of any action so transferred which it may deem necessary or
expedient for carrying out the provisions of sections 28 and 29.

31. No costs shall be allowed to a successful plaintiff in any
action brought by him in the Original Jurisdiction of the Court

which might have been tried in its Summary Jurisdiction, unless
the action has been so brought by leave of the Court or the Court
is of opinion at the trial that the action was one which it was ex-
pedient to bring in such manner.

32. All questions relating to fees and costs shall be determined
by the Registrar, subject to a review on summary application to

the Court in Chambers; and the amount allowed on such taxation
or review shall be recoverable as a judgment debt.

33. In all proceedings before, the Court in its Summary Jurisdic-

tion solicitors may practise as advocates.

34.-(1) A Puisne Judge shall, as a general rule,preside at the
trial of all actions in Summary Jurisdiction.
(2) In case either party to an action is dissatisfied with his
decision of any question of fact or of law arising in the case, he may,
within 7 days from the date of the judgment, apply to the Full
Court for leave to appear,and the Full Court may grant leave
to appeal on such terms as to notice and other matters as it may
think fit: Provided always that the Full Court may extend the
time for such application,either before or after the expiration
thereof.

35. Where the appeal is from the decision of a question of fact,
the Full Court may deal wIth the case solely upon the evidence
originally taken or may re-examine any witness or may admit
further evidence.
36. Where the appeal is from a ruling or judgment on a question
of law or on a matter of discretion only, it shall be heard upon
a case to be stated by the parties (and,in the event of any
different,to be settled by the Full Court),in which case shall
be set forth so much of the pleadings,if any, the evidence, and the
ruling or judgment objected to, as may be necessary to raise the
question for the decision of the Full Court.

37. The Full Court shall have power on every appeal, whether
On a question of fact, or of law or of discretion, to try the case de
novo.

38. The Court may stay execution on the application of the
appellant for such time and on such terms, if any, as to security
or otherwise, as it may deem just.

39. The sittings of the Court shall take place on such days as
May bc fixed by the Court.
40. Until forms are prescribed for use under this Ordinance by
any general rule or order of the Supreme Court, and so far as the
same may be incomplete, all forms from time to time in use in
the Supreme Court or in the Court of Summary Jurisdiction, or
forms to the like effect, with such variations and additions as
circumstances require, may be used for the purpose of carrying
out the provisions of this Ordinance,and shall (as regards the
form thereof) be valid and sufficient.

SCHEDULE. [s.13.]
FORM OF REGISTER OF SUMMARY ACTIONS.
IN THE SUPREME COURT OF HONGKONG,SUMMARY JURISDICTION.
Action in the Year 19


No. 5 of 1873, rep. by No. 8 of 1912.
Short title. Interpretation of terms. [cf. No. 3 of 1901.] Abolition of Court of Summary Jurisdiction. Summary Jurisdiction. Summary jurisdiction of Supreme Court. Additional. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or converture no bar to right to sue or liability to be sued. Prohibition of splitting claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Register of actions. Commencement of action by writ of summons. [cf. No. 3 of 1901.] Summary trial of action. Framing of issues. Review of judgment. Notice of action and of special defence. Proceedings not to be set aside for want for form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Right to distrain not prejudiced. [cf. No. 1 of 1883.] Interpleader by bailiff. Application of Code of Procedure. [cf. No. 3 of 1901.] Transfer of action to Original Jurisdiction. Transfer of action to Summary Jurisdiction. Procedure on transfer; special orders. Deprivation of costs in certain cases where summary action brought in Original Jurisdiction. Taxation of fees and costs. Appearance of solicitors. Judge in Summary Jurisdiction; appeal from his decision. Appeal on question of fact. Appeal on question of law or on matter of discretion. Power of Full Court on appeal. Stay of execution. Sittings of Court. Application of present forms.

Short title. Interpretation of terms. [cf. No. 3 of 1901.] Abolition of Court of Summary Jurisdiction. Summary Jurisdiction. Summary jurisdiction of Supreme Court. Additional. Summary jurisdiction in respect of legal claims. Limitation of actions. Infancy or converture no bar to right to sue or liability to be sued. Prohibition of splitting claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Register of actions. Commencement of action by writ of summons. [cf. No. 3 of 1901.] Summary trial of action. Framing of issues. Review of judgment. Notice of action and of special defence. Proceedings not to be set aside for want for form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Right to distrain not prejudiced. [cf. No. 1 of 1883.] Interpleader by bailiff. Application of Code of Procedure. [cf. No. 3 of 1901.] Transfer of action to Original Jurisdiction. Transfer of action to Summary Jurisdiction. Procedure on transfer; special orders. Deprivation of costs in certain cases where summary action brought in Original Jurisdiction. Taxation of fees and costs. Appearance of solicitors. Judge in Summary Jurisdiction; appeal from his decision. Appeal on question of fact. Appeal on question of law or on matter of discretion. Power of Full Court on appeal. Stay of execution. Sittings of Court. Application of present forms.

https://oelawhk.lib.hku.hk/items/show/798

SUPREME COURT ORDINANCE, 1873

No. 3 of 1873.
To amend the constitution of the Supreme Court of Judicature.
[13th Octiber,1873.]
1. The Supreme Court Ordinance,1873.

2. In this Ordinance,-
'The Supreme Court' means the Supreme Court of the Colony
as reconstituted by this Ordinance, :
'The Court' means the Supreme Court and includes any of the
Judges sitting together or separately,in Court or in Chambers.

3. The Supreme Court heretofore established by law shall con-
tinue to exist as reconstituted by this Ordinance, and shall be as
heretofore a Court of Record and the Supreme, Court of Judicature
of the Colony.

4. The Supreme Court shall continue to use the same seal as
heretofore, that is to say, a seal bearing a device and impression
of the Royal Arms, within an exergue or label surrounding the
same, with this inscription, 'The Seal of the Supreme Court of
Hongkong,' and all writs wid other process issuing out of the
Court shall be sealed therewith.

5. Such of the laws of England as existed when the Colony
obtained a local Legislature, that is to say, on 5th April, 1843,
shall be in force in the Colony, except so far as the said laws are








inapplicable to the local circumstances of the Colony or of its
inhabitants, and except so far as they have been modified by laws
passed by the said Legislature,
6. So much of the practice of the Engliah Courts as existed on
5th April, 1843, shall be in force in the Colony subject to the same
exceptions as are contained in the last section in relation to the
Iaws of England.

7. The Supreme Court shall have the same jurisdiction in the
Colony as His Majesty's Courts of King's Breach, Common Pleas,
and Exchequer lawfully have or flad in England, and shall be a
Court of Oyer and Terminer and Gaol Delivery, Assize, and Nisi
Prius.

8. The Supreme Court shall be a Court of Equity, with such
and the like jurisdiction as the Court of Chancery has or had in
England; and shall have and execute all and singular the powers
and authorities of the Lord High Chancellor of England, with full
liberty to appoint and control guardians of infants and their
estates, and also keepers of the persons and estates of idiots,
lunatics, and such as, being of unsound mind, are unable to govern
themselves and their estates.

9-(1) The Supreme Court shall consist of and be holden by
and before a Chief Justice, and one or more other Judges.
(2) Every Chief Justice and every Puisne Judge shall, save as
is provided in section 5 (2) of Ordinance No. 27 of 1912, be ap-
pointed by Letters PRent under the public seal by the Governor,
in accordance with such instructions as he may receive through a
Secretary of State.
(3) The said Judges, save as islprovided in section 5 (2) of
Ordinance No. 27 of 1912, shall respectively hold their offices
during the pleasure of His Majesty, subject to suspension by the
Governor in like manner as other officers in the Colony.

10-(1) In case the office of any Judge in the permanent ser-
vice of the Colony becomes vacant by death or otherwise, it shall






be lawful for the Grovernor to appoint another fit and proper person
to fill the said office until His Majesty's pleasure is known.
(2) In case of the temporary illness or absence of any of the
said Judges,it shall be lawful for the Governor to appoint a
fit, and proper person to fill the office of such Judge until he re-
sumes the duties thereof : Provided always that, until such
appointment is made, the whole business of the Court, except the
hearing of matters required to be heard before the Full Court, shall
devolve upon and be transacted by the remaining or continuing
Judge or Judges in the permanent service of the Colony.

11. No Judge of the Supreme Court shall be capable of accept-
ing, taking, or performing any other office or place of profit or
emolument not authorised by law,on pain that the acceptance of
any such other office or place as aforesaid shall be and be deemed
in law de facto an avoidance of his office of Judge,and the salary
thereof shall cease, and be deemed to have ceased accordingly, from
the time of such acceptance of such other office or place.

12. In all cases in which, by any law in force within the Colony,
any judicial or other act is directed or authorised to be performed
by the Chief Justice, such act may be performed by any other
judge, and if so performed shall, subject to the provisons of
section 23, be as valid to all intents and purposes as if the same
had been performed by the Chief Judge.

13.-(1) There shall be and belong to the Supreme Court the
following officers, that is to say, a Registrar, two Deputy
Regitrar, two clerks of the Court,and so many clerks,inter-
preters, and other officers as to the Governor may appear to be
necessary for the administratian of justice and the due execution
of all the powers and authorties which are granted and committed
to the Court by this Ordinance. All acts which under any Ordi-
nance are required to be or may lawfully be done by the Registrar,

may, unless it is otherwise provided, be done by a Deputy
Registrar.
(2) The Govemor may appoint one or more bailiffs of the
Supreme Court, and may also approve of the appointment by any
such bailiff of a deputy bailiff.





(3) Each bailiff may, however, act as the deputy, of another and
execute any process of the Court, although it may have been
directed personally to some other bailiff.

14. The several superior officers of the Court who may be
appointed by His Majesty, shall hold their several offices during
the pleasure of His Majesty,subject to susupension by the Governor
in like manner as other officers in the Colony ; and all other officers
of the Court shall be removable from their several offices by the
Governor, for reasonable cause.

15.No action shall be brought against the Registrar or any
Deputy Registrar for any act done or omitted to be done by any
bailiff of deputy bailiff without directions from such Registrar or
Deputy Registrar, nor shall any action be brought against the
Registrar or any Deputy Registrar for any directions given to a
bailiff with regard to the execution or non-execution of process, if
such directions are in accordance with an order obtained from the
Court as hereinafter mentioned : Provided always that no material
fact is wilfully misrepresented or suppressed by such Registrar or
Deputy Registrar in obtaining such order.

16.The Registrar may,in case of doubt or difficulty, apply sum-
marily to the Court for an order for the direction and guidance of
a bailiff, and the Court may make such order in the matter as may
seem just and reasonable.

17. No officer of the Court shall directly or indirectly ask or
receive ally fee or guilty,not authorised by law, in respect of any
of the duties of his office.

18. If any officer of the Court, acting under colour of the process
of the Court,is charged with misconduct or with any wrongful act
or neglect in the discharge of the duties of his office,the Court
may inquire into the matter in a summary way on such evidence
as may appear reasonable, and for that purpose may summon and

enforce the attendance of all necessary parties and witnesses in
like manner as the attendance of witnesses in other cases may be
enforced, and may inake such order for the payment of all damages
and costs that may have been caused by any such act or neglect






as it thinks just, and impose such fine upon the officer as it may
deem adequate;and, in default of payment of any money so
ordered to be paid, payment of the same may be enforced as a
judgment recovered in the Court,: Provided always that this pro-
vision shall not take away any right of action for damages against
any officer; but no action shall be commenced or continued for
any act or omission of such officer after the Court has ordered
compensation to be paid in respect of it under this section.
[ss. 19, 20, rep. No. 31 of 1911.]

21. The Court shall hold its sitting in tbe present Supreme
Court building or in such other place as the Governor may by
appoint,

22. The Chief Justice shall regulate the distribution of business

in the Court, and all actions and other proceedings whatsoever,
except appeals, may in the first instance be heard before any of
the Judges sitting alone,unless the Chief Justice directs that the
same shall be heard before the Full Court.

23. There shall be an appeal as of right from every decision of
one of the Judges sitting alone on the trial of any action or other
proceeding (other than a criminal trial ),and every appeal from
such decision or from the decision of any Magistrate,and every

question of law reserved for further consideration on any such
criminal trial, shall be heard before the Full Court.
[s. 24, rep. No. 27 of 1912.]

25. The Registrar shall direct the process of the Court to be
executed by such of bailtiffs as he may think fit.
26. In any case where process is awarded by the Court against
any officer of the Court, such process may be issued, directed,or
executed by any other officer of the Court as the Court may direct.

27. Each bailiff shall serve and execute all process of the Court
under the directions of the Legistrar, and make a return of the





same, together with the manner of the execution thereof, to the
Court, and shall arrest and convey to prison all such persons as
may be committed to his custody by ordor of the Court.

28. No action shall be brought against a bailiff for anything done
or omitted to be done by him whilst acting under the directions
in writing of the Registrar or in pursuance of any order made or
given by the Court as herebefore mentioned : Provided always
that such bailiff does not wilfully misrepresent or suppress any
material fact in obtaining any such directions from such Registrar.

29. It shall be lawful for the presiding Judge in any procceding
in the Court, whether of a civil or criminal nature,to order and
allow to all persons examined or detained as witnesses in any such
proceeding such sum of money as may seem fit, as well for defray
ing the reasonable expenses of such as for affording them

a reasonable compensation for their trouble and loss of time.

30. If any person served with a subpoena to attend the Court as
a witness in any action or suit therein,or pn the trial of any
indictment or information,refuses or neglects to attend the Court
pursuant to such subpoena, or if any person is guilty of any con-
tempt before the Court, it shall be lawful for the presiding Judge
to punish such person in a summary way, by fine not exceeding
100 dollars or by imprisonment, without hard labour, for any term
not exceeding 2 months :Provided that nothing herein contained
shall affect or abildge the right of any plaintiff or defendant to
proceed against any person for not appearing pursuant to his
subpoena for the recovery of any special damage which such plain-
tiff or defendant may have sustained by reason of the disobedience
of such person.

31. If in any cause, action, or suit, civil or criminal, or in any
proceeding connected therewith, it appears to the Court that any
person examined as a witness upon oath has committed wilful and
corrupt perjury, or that any person,in swearing in any affidavit
required to be made before the Court, has been guilty of the like
offence, it shall be lawful for the Court to direct a prosecution for
perjury to be forthwith instituted against such person so falsely

swearing as aforesaid,in order that he may punished according
to law; or where such perjury is committed by any person
examined as a witness in open Court,it shall be lawful for the
Court,instead of directing such prosecution to be instituted as
aforesaid, either to commit such witness,as for a contempt of the
Court, to prison for any term not exceeding 3 months, or to fine
such witness in any sum not exceeding 100 dollars : Provided that
the powers hereinbefore given shall be in full force and operation
notwithstanding any irregularity or want of form in the adminis-
tration of the oath.

31-(1) It shall be lawful for the Chief Judge to make general
rules and orders for regulating the times of holding the Court, the
forms to be used and the fees to be payable therein, and also the
fees of counsel and the costs of solicitors:Provided always that no
such rules or orders shall be binding until the same have been
revised and approved by the Legislative Council and have been
published in the Gazette.
(2) All such rules and orders shall be subject to disallowance by
His Majesty.

33. All fees receivable in the Court shall be payable in stamps,
subject to the provisions of any Ordinance relating to stamps.
Short title. Interpretation of terms. Continuance of the Court, as reconstituted. Seal of the Court. Operation of laws of England. Operation of practice of English Courts. Jurisdiction of the Court at common law. Jurisdiction of the Court in equity. Reconstitution of the Supreme Court. [cf. No. 2 of 1862, s. 3, ante, p. 45.] Filing up of vacancies in the Court. [See No. 3 of 1890 s. 113.] Prohibition of Judge holding other office of profit. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. [cf. No. 2 of 1862, s. 3.] Protection of Registrar and Deputy Registrars from liability for certain acts done by bailiffs. Registrar may apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the Court. Place of holding sittings. Distribution of business. Appeals to the Full Court. Registrar to direct process. Process against officer. General mode of execution of process. Protection of Bailiff from liability for act done by order. Allowance of expenses and compensation to witnesses. Punishment of witness for non-attendance and of person guilty for contempt of Court. Summary punishment of person guilty of perjury. Power to make general rules and orders. Payment of fees by stamps. [cf. No. 16 of 1901.]

Short title. Interpretation of terms. Continuance of the Court, as reconstituted. Seal of the Court. Operation of laws of England. Operation of practice of English Courts. Jurisdiction of the Court at common law. Jurisdiction of the Court in equity. Reconstitution of the Supreme Court. [cf. No. 2 of 1862, s. 3, ante, p. 45.] Filing up of vacancies in the Court. [See No. 3 of 1890 s. 113.] Prohibition of Judge holding other office of profit. Powers of a Puisne Judge to do acts directed to be performed by Chief Justice. Officers of the Court. Tenure of office of superior officers. [cf. No. 2 of 1862, s. 3.] Protection of Registrar and Deputy Registrars from liability for certain acts done by bailiffs. Registrar may apply for order. Prohibition of officer illegally demanding fees. Offences by officers of the Court. Place of holding sittings. Distribution of business. Appeals to the Full Court. Registrar to direct process. Process against officer. General mode of execution of process. Protection of Bailiff from liability for act done by order. Allowance of expenses and compensation to witnesses. Punishment of witness for non-attendance and of person guilty for contempt of Court. Summary punishment of person guilty of perjury. Power to make general rules and orders. Payment of fees by stamps. [cf. No. 16 of 1901.]

https://oelawhk.lib.hku.hk/items/show/797

LAW OF PROPERTY AMENDMENT ORDINANCE, 1873

No. 2 of 1873.

To amend the Law of Property in relation to Covenants and
Conditions in Leases. [23rd September, 1873.]
1. The Law of Property Amendment Ordinance, 1873.

2. Where any licence to do any act the doing of which without
such licence would create a forfeiture or give a right to re-enter,







under a condition of power reserved in any lease, is given to any
lessee or his assigns every such licence shall,unless otherwise ex-
pressed, extend only to the permission actually given, or to any
specific breach of any proviso or covenant made or to be made, or
to the actual assigninent, under-lease, or other matter thereby
specifically authorisod to be done, bot not so as to prevent any
proceeding for any subsequent breach (unless otherwise specified in
such licence) ; and all rights under covenants and powers of for-
feiture, and re-entry contained in the shall remain in full force
and virtue, and shall be available as against any snbsequent breach
of covenant or condition, assignment, under-lease, or other matter
not specifically authorised or made dispunishable by such licence,
in the same manner as if no such licence bad been given ; and the
condition or right of re-entry shall be and remain in all respects
as if such licence had not been given, except, in respect of the
particular matter authorised to be done.

3. Where, in any lease there is a power or condition of re-entry
on assigning, or under-letting, or doing any other specified act
without licence, and a licence is given to one of several lessees or
co-owners to assign or underlet his share or interest or to do any
other act prohibited to bc done without licence, or is given to any
lessee or owner, or lmy one, of several lessnes or owners, to assign
or underlet part only of the property or to do any other such act
as aforesaid in respect of part only of the property, such licence
shall not operate to destroy or extinguish the right of re-entry in
case of any breach of the convenant or condition by the co-lessee or
owner of the other shares or interests in the property or by the
lessee or owner of the rest of the property, as the case may be,
over or in respect of such shares or interests or remaining property,
but such right of re-entry shall remain in full force over or in
respect of the shares or interests or property not the subject of
such licence.

4. Where the reversion upon the lease is severed and the rent or
other reservation is legally apportioned,the assignee of each part
of the reversion shall,in respect of the apportioned rent or other
reservation allotted or belonging to him, have and be entitled to
the benefit of all conditions or powers of re-entry for non-payment
of the original rent or other reservation, in like manner as if such





conditions or powers had been reserved to him as incident to his
part of the reversion in respect of the apportioned rent or other
reservation allotted or belonging to him.

5. The Supreme Court shall have power to relieve against a
forfeiture for breach of a covenant or condition to insure against
loss or damage by fire, where no loss or damage by fire has hap-
pened,and the brearch has, in the opinion of the Court, been
committed through accident or mistake or otherwise without fraud
or gross negligence, and there is an insurance on foot at the time
of the application to the Court in conformity with the covenant to
insure, on such terms as to the Court may seem fit.

6. The Supreme Court, where such relief is granted, shall direct
a record of such relief having been granted to be made by indorse-
ment on the lease or otherwise.

7. The Supreme Court shall not have power to relieve the same
person more than once in respect of the same covenant or con-
dition; nor shall it have power to grant any relief where a forfei-

turn under the convenant in respect of which relief is sought has
been already waived out of Court in favour of the person seeking
the relief.

8. The person entitled to the benefit of a covenant on the part
of a lessee or mortgagor to insure against loss or damage by fire
shall, on loss or damage by fire happening, have the same
advantage from any then subsisting insurance relating to the

building convented to be insured which has been effected by the
lessee or mortgagor in respect of his interest under the lease or in
the property or by any person claiming under him, but not effected
in conformity with the covenant, as he would have from an insur-
ance effected in conformity with the covenant.

9. Where, on the bona fide purchase of a leasehold interest
under a lease containing a covenant on the part of the lessee to
insure against loss or damage by fire, the purchaser is furnished
with the written receipt of the person entitled to receive the rent,
or his agent, for the last payment of rent accrued due before the
completion of the purchase, and there is subsisting at the time of
the completing of the purchase an insurance in conformity with


the covenant, the purchaser or any person claiming under him
shall not be subject to any liability, by way of forfeiture or damages
or otherwise, in respect of any breach of the convenant committed
at any time before the completion of the purchase of which the
purchaser had not notice before the completion of the purchase;
but this provision is not to take away any rememdy with the lessor
or his legal representatives may have against the lessee or his
legal representatives for breach of covenant.

10. Nothing in this Ordinance shall affect the provisions of the
Crown Rights (Re-entry) Ordinance, 1870.


Short title. Restriction on effect of licence to alienate. [22 & 23 Vict.c. 35 s. 1.] Restricted operation of partial licence. [22 & 23 Vict.c. 35 s. 2 ] Apportionment of conditions of re-entry in certain cases. [ib.s.3.] Relief against forfeiture for breach of covenant to insure in certain cases. [22 & 23 Vict.c. 35 s. 4.] Record of relief. [ib.s.5.] Restriction on power to relieve. [ib.s.6.] Lessor or mortgage to have benefit of informal insurance. [ib.s.7.] Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases. [ib.s.8.] Saving of rights of the Crown. [No. 4 of 1870.]

Short title. Restriction on effect of licence to alienate. [22 & 23 Vict.c. 35 s. 1.] Restricted operation of partial licence. [22 & 23 Vict.c. 35 s. 2 ] Apportionment of conditions of re-entry in certain cases. [ib.s.3.] Relief against forfeiture for breach of covenant to insure in certain cases. [22 & 23 Vict.c. 35 s. 4.] Record of relief. [ib.s.5.] Restriction on power to relieve. [ib.s.6.] Lessor or mortgage to have benefit of informal insurance. [ib.s.7.] Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases. [ib.s.8.] Saving of rights of the Crown. [No. 4 of 1870.]

https://oelawhk.lib.hku.hk/items/show/796

DANGEROUS GOODS ORDINANCE, 1873

No. 1 of 1873.

For the amendment of the Law with respect to the Carriage and
Deposit of Dangerous Goods. [9th July, 1873.]
1. The Dangerous Goods Ordinance, 1873.

2. In this Ordinance,-
'Dangerous goods' mean any of the goods or substances speci-
fied in sections 3 and 4, or which may be declared to be 'dangerous
goods' by an order of the Governor-in-Council under section 5 :
'Warehouse owner' includes all persons owning or managing
any warehouse, store, quay, pier, or other premises in which goods
are deposited :
'Carrier' includes all persons carrying goods or passengers for
hire by land or water.

3. The following goods, viz., petroleum, nitroglycerine or
glonoine oil, gun cotton, fulminate of mercury or of other metals,
dynamite, blasting powders,gunpowder, fuzes (other than safety
fuzes),rockets,detonators,cartridges.ammunition of all descrip-
tions (othel. tball percussion caps or priming caps or empty sport-
ing cases), phosphorous, aqua fortis, vitriol, naphtha and benzine,

shall be deemed to be dwigerous goods within the meaning of this
Ordinance.
4. For the purposes of this Ordinance, the term 'petroleum'
includes kerosine oil,rock oil, Rangoon oil, Burmah oil, oil made
from petroletun, coal, schist, sliptle, peat, or other bituminous
substance, and any products of petroleurn, or any of the above
mentioned oils.
5. It shall be lawful for the Governor-in-Council to make orders
declaring that any substances, other than those enumerated in
section 3, shall be deemed to be dangerous goods within the mean-
ing of this Ordinance, subject to the following qualifications:-






(1) the quantity of any such substance which may be kept with-
out a licence shall be such quantity only as is specified in that
behalf in such order, or, if no such quantity is specified, no quantity
may be kept without a licence ; and
(2) the label on the vessel or pachage containing such substance
shall be such as may be specified in that behalf in the order.
6. It shall be lawful for the Governor-in-Council to make re-
gulations, which shall be laid on the table of the Legislative Council
at the sitting next after their publication, in respect of any of the
following matters :-
(a) the movement, carriage, landing, shiping, or transshipment
of dangerous goods from, into, or within the Colony or the waters
thereof, and either by land or by water, and the time and mode
thereof, and the precautions to be taken in connexion therewith
and
b) the place or places in the waters of the Colony at which any
ship, vessel, lighter, or boat of any description whatever carrying,
or about to carry, or having on board any dangerous goods may or
may not moor, anchor, or stop.
7. Where any dangerous goods are moved, carried, landed,
shipped, or transshipped, or are otherwise dealt with, or where any
Calcium Carbide (a) exceeding five pounds kept in one pound tins hermetically
sealed,or (b) exceeding five pounds kept in a property equipped gasometer
or apparatus,prepared for use,and so situated that public safety is not
in the opinion of the governor-in-Council likely to be endangered.
Ether (exceeding one pound in weight).
Spirit of Wine (exceeding two gallons).
Methulated Spirit (exceeding two gallons).
Alcoholic liquid of a greater strength than 70 parts per cent. by weight of
alcohol (exceeding two gallons if kept for private use or exceeding 50
Benzene (exceeding one pound in weight).
Any preparation or adaption or any substance similar or not to the follow-
ing used or manufactured with a view to produce a practical effect by
explosion:-
Nitro-glycerine,gun-cotton,fulminate of mercury or of other metals,
dynamite,blasting powders gunpowder,gelatine dynamite,cheddite,
gelignite, blasting gelatine,bobbinite,compressed gunpowder,rackarock,
chlorate of potash mixture for rackarock,and picric acid.
Compressed Oxygen,Compressed Acetylene.
Dissolved Acetylene.
Chlorate of Potassium (in quantities exceeding 1/4 lb.),Acetone,Any other
Chlorate.




ship, vessel, lighter, or boat having on board any dangerous goods
is moored, anchored, or stopped, contrary to any regulations made
under section 6, the owner of such dangerous goods,or the owner
and master of such ship, vessel,lighter,or boat,as the case may be,
shall each be liable to a penalty not exceeding 250 dollars for each
day during which such contravention continues; and it shall be
lawful for the Harbour Master, or any other person acting under his
orders, to cause such dangerous goods, or such ship, vessel, lighter,
or boat, to be removed, at the expense of the owner thereof, to such
place as may be in conformity with the said regulations, and all
expenses incurred in such removal may be recovered in the same
manner in which penaIties are hereatfter made recoverable.

8.-(1)The owner or master of every ship carrying a cargo any
part of which consists of dangerous goods shall, on entering any
harbour, give notice of the nature of such cargo to the Harbour
Master, and shall furnish him with a true copy of the manifest of
such dangerous goods.
(2) If such notice is not given and manifest furnished, the owner
and the master of such ship shall each be liable to a fine not exceed-
ing 2,000 dollars, unless it is shown to the satisfaction of the Court
that neither the owner nor the master knew the nature of the goods
to which the proceedings relate, and could not with reasonable
diligence have obtained such knowledge.

9.-(1) Where any dangerous goods-
(a) are sent or conveyed by land or water between any two places
in the Colony; or
(b) are sold or exposed for sale,
the vessel or package containing them shall have attached thereto a
label in conspicuous characters in English and Chinese,stating the
description of the goods with the addition of the word 'Dangerous,'
and with the further addition,-
(a) in the case of a vessel or package sent or conveyed, of the
name and address of the sender; and,
(b) in the case of a vessel or package sold or exposed for sale, of
the name and address of the vendor.
(2) All dangerous goods which are sent, conveyed, sold or exposed
for sale in contravention of this section shall, together with the vessel






or package containing the same, be forfeiture,and,in addition there-
to, the person sending, conveying, selling, or exposing for sale the
same shall for each offence be liable to a fine not exceeding 25 dollars.

10-(1) Save as hereinafter mentioned, no person shall have in
his possession, custody or power, or in the possession, custody or
power of any servant or agent of his,dangerous goods except in
pursuance of a licence granted by the Captain Superintendent of
Police or in pursuance of a permit issued in necordance with regula-
tions made under section 6.
(2) A licence may be granted for a limited time,and may be
subject to renewal or not in such manner as the Governor may deem
expedient.
(3) There may be annexed to any such licence such conditions
as to the mode of storage, the nature and situation of the premises in
which, and the nature of the goods with which, such dangerous
goods are to be stored, the mode of carrying such dangerous goods
within the Colony, the keeping of books in regard to the possession
and use of dangerous goods, and generally as to the safe keeping
of such dangerous goods, as to the Governor-in-Council may seem
expedient.
(4) Any licensee violating any of the conditions of his licence shall
be deemed to be an unlicensed person.
(5) If any person has dangerous goods in his possession, custody
or power, or in the possession, custody or power of any servant or
agent of his in contravention of this section such dangerous goods
shall, together with the vessels or packages containing the same, be
liable to forfeiture, and in addition thereto such person shall be
liable on summary conviction to imprisonment for any period not
exceeding 6 months and to a fine not exceeding 250 dollars and in
further addition thereto, such person shall be liable to a fine not
exceeding 100 dollars a day for each day after the first day during
which such goods are proved to have been in his possession, custody
or power or in the possession, custody or power of any servant or
agent of his.
(6) This section shall not apply to kerosine kept for private use
when the amount does not exceed 10 gallons, and the same is kept
in closed vessels each of which contains not more than 3 gallons,
or to any goods the storage of which is provided for by any other
Ordinance.






(7) There shall be charged in respect of each licence granted in
pursuance of this Ordinance the sum of one dollar.

11. Any dealer who-
(1) refuses to show to any officer authorised by the Governor
every or any place, or all or any of the vessels or packages, in which
dangerous goods in his possession are kept, or to give him such
assistance as he may require for examining the same ; or
(2) wilfully obstructs any officer so authorised in the execution of
this Ordinance,
shall be liable to a fine not exceeding 100 dollars.
12-(1)Where any Magistrate is satisfied, by information upon
oath, that there is reasonable ground to believe that any dangerous
goods are being kept,sent,conveyed,or exposed for sale within the
Colony in contravention of this Ordinance, at any place, whether a
building or not, or in any ship or vehicle,such Magistrate shall
grant a warrant by virtue whereof it shall be lawful for any person
named in the warrant to enter the place, ship, or vehicle mention-
ed in the warrant, and every part thereof, and examine the same
and search for such goods therein, and if any such goods,are found
therein which are kept, sent, conveyed, or exposed for sale in con-
travention of this Ordinance, to seize and remove such goods and
the vessels or packages containing the same, and to detain such
goods and vessels or packages until a Magistrate has determined
whether the same are or are not forfeited.
(2) The proceeedings for such forfeiture shall be commenced
forthwith after the seizure.
(3) Any person seizing any dangerous goods in pursuance of this
section, shall not be to any action for detaining the same or
for any loss or damage incurred in respect of such goods, otherwise
than by any wilful act or neglect while the same are so detained.
(4) Every person who,-
(a) by himself or by any one in his employment or acting by
his direction or with his consent,refuses or fails to admit into any
place occupied by or under the control of such person any person
demanding to enter in pursuance of this section ; or
(b) in any way obstructs or prevents any such person in or from
making any such search, examination, or seizure,





shall be liable to a fine not exceeding 100 dollars, and also to forfeit
all the dangerous goods which are found in his possession or under
his control.


13-(1) No person shall delive any dangerous goods to any
warehouse owner or carrier, or send or carry, or cause to be sent, or
carried, any such goods to or from any part of the Colony, or deposit
such goods in or on any warehouse, wharf, or quay, unless the
true name or description of such goods, with the addition of the
word 'Dangerous,' in English and Chinese, is distinctly written,
printed, or marked on the outside of the package, or, in the case
of delivery to or deposit with any warehouse owner or carrier, with
out also giving notice in writing to him of the name or description
of such goods and of their being dangerous.
(2) Every person who commits a breach of this section shall be
liable to a fine not exceeding 2,000 dollars, or to imprisonment for
any term not exceeding 2 years.

14. Provided always as follows:-
(1) any person convicted of a breach of the last section shall not
be liable to a fine of more than 1,000 dollars or to imprisonment,
if he shows, to the satisfaction of the Court before whom he is
convicted, that he did not know the nature of the goods to which
the information or indictment relates ; and
(2) any person accused of having committed a breach of the
last section shall not be liable to be convicted thereof if he shows,
to the satisfaction of the Court before whom he is tried, that he
did not know the nature of the goods to which the information
or indictment relates, and that he could not, with reasonable
diligence, have obtained such knowledge.


15. Where goods are delivered, sent, carried, or deposited in
contravention of section 13, they shall be forfeited, and shall be
disposed of in such manner as the Governor directs, whether any
person is liable to be convicted of a breach of the said section or not.

16-(1) The provisions of sections 8, 9, 13 ,14, and 15 shall not

apply to either of the following classes of dangerous goods:-


(a) lubricating oils; and
(b) petroleum tar or petroleum fuel which has been tested and
certified by the Government Analyst, or other similar officer of
this or any other British Colony, to give off an inflammable vapour
at a temperature of not less than 150 Fahrenheit.
(2) Any by-laws, rules, or regulations relating to dangerous
goods made under this or any other Ordinance shall not, unless
expressly so provided, apply to either of the above classes of
dangerous goods.

17. No warehouse owner or carrier shall be bound to receive or
carry any dangerous goods.

18.-(1) All offences under this Ordinance (excepting those
specified in section 13) may be dealt with summarily by a
Magistrate.
(2) All offence specified in section 13 may be dealt with
summarily by two Magistrates:Provided that if at the close of the
investigation the accused person applies for a trial by jury,or the
Magistrates are of opinion that the case ought to be so tried, they
may commit the accused person for trial at the Assizes.

19. This Ordinance shall not apply to this Majesty's ships of
war, or to the ships of war of any foreign nation, or to any stores
or depots or other premises belonging to His Majesty's Govern-
ment or to His Majesty's naval or military authorities within the
Colony.

20.Nothing in this Ordinance shall be deemed to affect the
provisions of any Ordinance relating to gunpowder.



Short title. Interpretation of terms. [29 & 30 Vict.c. 69 s. 7.] Enumeration of dangerous goods. Definition of petroleum. [34 & 35 Vict.c. 105 s. 3.] Application of the Ordinance to other substances. [ib.s.14] [12th Oct., 1906.] Regulations as to movement, etc., of dangerous goods. [34 & 35 Vict.c. 105 s. 4.] Contravention of regulations. [ib.] [30th April, 1910.] [2nd Sept., 1910.] [12th May 1911.] [4th August, 1911.] [26th Jan., 1912.] Notice by owner or master of ship carrying dangerous goods. [34 & 35 Vict.c. 105 s. 5.] Label on vessel or case containing dangerous goods. [ib.s.6.] Regulations as to storage of dangerous goods. [34 & 35 Vict.c. 105 ss. 7, 9.] Penalty on dealer refusing information, etc. [34 & 35 Vict.c. 105 s. 12.] Search for dangerous goods. [ib.s.13.] Marking of dangerous goods and giving of notice of their character. [29 & 30 Vict.c. 69 s. 3.] Provision for case of absence of knowledge of nature of goods. [ib.s.4.] Forfeiture of goods not marked, etc. [ib.s.5.] Exemption of certain classes of goods from certain provisions and from regulations. Refusal of goods. [29 & 30 Vict.c. 69 s. 6.] Proceedings for offences penalties. Exemption of ships of war, etc. Saving as to Ordinance relating to gunpowder. [cf. No. 14 of 1901.]

Short title. Interpretation of terms. [29 & 30 Vict.c. 69 s. 7.] Enumeration of dangerous goods. Definition of petroleum. [34 & 35 Vict.c. 105 s. 3.] Application of the Ordinance to other substances. [ib.s.14] [12th Oct., 1906.] Regulations as to movement, etc., of dangerous goods. [34 & 35 Vict.c. 105 s. 4.] Contravention of regulations. [ib.] [30th April, 1910.] [2nd Sept., 1910.] [12th May 1911.] [4th August, 1911.] [26th Jan., 1912.] Notice by owner or master of ship carrying dangerous goods. [34 & 35 Vict.c. 105 s. 5.] Label on vessel or case containing dangerous goods. [ib.s.6.] Regulations as to storage of dangerous goods. [34 & 35 Vict.c. 105 ss. 7, 9.] Penalty on dealer refusing information, etc. [34 & 35 Vict.c. 105 s. 12.] Search for dangerous goods. [ib.s.13.] Marking of dangerous goods and giving of notice of their character. [29 & 30 Vict.c. 69 s. 3.] Provision for case of absence of knowledge of nature of goods. [ib.s.4.] Forfeiture of goods not marked, etc. [ib.s.5.] Exemption of certain classes of goods from certain provisions and from regulations. Refusal of goods. [29 & 30 Vict.c. 69 s. 6.] Proceedings for offences penalties. Exemption of ships of war, etc. Saving as to Ordinance relating to gunpowder. [cf. No. 14 of 1901.]

https://oelawhk.lib.hku.hk/items/show/795

FOREIGN OFFENDERS DETENTION ORDINANCE, 1872

No. 1 of 1872.

Foreign Offenders Detention

For the temporary detention of certain Foreign Offenders.
[20th December, 1872.]
WHEREAS subjects of foreign Governments who have been accused
or convicted of crimes committed outside the Colony are fre-
quently brought within this Colony in the custody of officers of
their respective Governments in the course of their transmission
for trial or punishment,and it is expedient to provide for the
temporary detention within the Colony of such offenders, pending
the necessary arrangements for their transmission:-





1. The Foreign Offenders Detention Ordinance, 1872.
[s. 2, rep. No. 62 of 1911.]

3. In case requisition is made to the Governor by the consular
officer in this Colony of any foreign Government to apprehend and
temporarily detain in custody any person who, being a subject of
such foreign Government and having been accused or convicted of
any crime alleged to have been committed outside the Colony, is
brought in the custody of an officer of such Government within this
Colony in the course of his transmission for trial or punishment, it
shall be lawful for the Governor, if he, in his discretion, thinks fit,
by warrant under his hand and the seal of the Colony, to signify
that such requisition has been made and to require the Magistrates
to govern themselves accordingly and to aid in apprehending the
person so accused or convicted and hereinafter referred to as the
offender.

4. It shall be lawful for any Magistrate thereupon to issue his
warrant for the apprehension of the offender.

5. If the offender is apprehended, he shall be brought forthwith
before the Magistrate, and the following conditions shall be complied
with :-
(1) the warrant, or other official document authorising the trans-
mission of the offender for trial or punishment as aforesaid must be
produced ;
(2) proof of the idenfity of the offender must be given;
(3) the warrant or other official document of transmission shall be
sufficiently proved if it purports to bear the signature and seal of a
diplomatic or consular officer of the foreign Government of which
such offender is a subject, and, for the purposes of this Ordinance,
the warrant or other document so authenticated shall be deemed and
taken to have been legally issued and shall be evidence of all facts
stated therein ; and
(4) the offender shall be asked if he has any valid cause to show
why he should not be committed to gaol to await the order of the
Governor.






6. If the offender fails to show cause, to the satisfaction of the
Magistrate, why he should not be committed, the Magistrate shall
commit him to gaol, there to await the order of the Governor.

7. The Magistrate before whom the offender is brought shall at

the conclusion of the case,send a report thereon to the Governor.

8.-(1) The Governor may, after the committal of the offender to
gaol as aforesaid,issue an order directed to the Superintendnet of
the Gaol for the delivery up of the offender to the consular officer of
the said foreign Government, or other person mentioned in such
order, at such place within the Colony and in such manner as may
be specified by the said order, for the purpose of his transmission
as aforesaid ; and the offender shall be delivered up accordingly.
(2) If the offender escapes out of any custody to which he has
been committed or to which he has been delivered as aforesaid, it
shall be lawful to retake him in the same manner as any person
accused of any felony comitted within the Colony may be, retaken
on an escape.

9.The Governor may at any time before the offender has been
conveyed out of the Colony, issue an order for his release from
custody under this Ordinance, and thereupon the offender shall be
forthwith discharged from custody.

10. If any action is brought against a Magistrate,gaoler,officer
of police, consular officer, or any other person whomsoever for any
thing done in obedience to or in pursuance of any warrant or order
issued under the provisions of this Ordinance, the proof of such
warrant or order shall be a sufficient answer to such action ; and
the defendant, on such proof as aforesaid, shall be entitled to a
verdict or judgment in his favour, and shall also be entitled to his
full costs of the action.

11. The forms in the schedule or forms to the like effect, with
such variations and additions as circumstances may require,may
be used for the purposes therein indicated,and instruments in those
forms shall (as regards the form thereof) be valid and sufficient.






SCHEDULE.
FORM No. 1. [s.3.]
GOVERNOR'S WARRANT TO MAGISTRATES.

The Foreign Offenders Detention Ordinance, 1872.
HONGKONG.
By this Excellency Governor and Commander-in-
Chief of this Colony and its dependencies.

To Magistrates.
Whereas requisition has been duly made to me,pursuant to the above-mentioned
Ordinance, for the apprehension and temporary detention in custody of one
now in this Colony, charged with [or convicted of] having committed the
crime of within the territory of

You are hereby required to govern yourselves accordingly, and to aid in apprehend-
ing the said offender kind in committing him to gaol ior the purpose of his being
detained in custody according to the provisions of the above-mentioned Ordinance; and
for so doing this shall be your warrant.

Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong,
this day of 19 .
[L. S.] (Signed.) Governor.




FORM No. 2.
WARRANT OF APPREHENSION.
The Foreign Offenders Detention Ordinance, 1872.
HONGKONG TO WIT.
To all apid each of the Constables of the Hongkong Police Force.
whereas His Excellency Governor and Commander-in-
Chief of this Colony and its dependencies, by warrant under his hand and the Public
Seal of the colony, has signified that,pursuant to the above-mentioned Ordinance,
requisition has been duly made to him for the apprehension and temporary detention
of one now in this Colony,charged with [or convicted of]
having committed the crime of within the territory of
and has required the Magistrates to govern
themselves accordingly and to aid in apprehending the said fugitive :

This is, therefore,to command you,in His Majesty's name,forthwith to apprehend
the said offender, pursuant to the above-mentioned Ordinance, wherever he may be
found in this Colony, and to bring him before me or any other Magistrate sitting in
this Court; and for so doing this shall he your warrant.

Given under my hand and seal, at the Magistrates' Court of this Colony, this
day of 19 .
(SIgned.) Magistrate.
[L. S.]



FORM No. 3. [s.6.]
WARRANT OF COMMITTAL.

The Foreign Offenders Detention Ordinance, 1872.


HONGKONG TO WIT.
To one of the Constables of the Hongkong Police Force,
and to the the Superintendent of the Gaol.
Whereas on the day of 19 ,
late of was brought before me,one of the Magistrates of






this Colony under the provisions of the above-mentioned Ordinance; and whereas the
evidence, which has been shown to me is, in my opinion, sufficient to justify his com-
mittal to gaol pursuant to section 6 of the above-mentioned Ordinance :

This is, therefore, to command you, the said consdable, in this Majesty's name,
forthwith to convey and deliver the body of the said into the custody
of the Superintendent of the Gaol; and you, the said Supintendent,to receive
the said into your custody in the said Gaol and him
there safely to keep until he shall be delivered pursuant to the provisions of the
above-mentioned Ordinance; and for so doing this shall be your warrant.

Given under my hand and seal,at the Magistrates' Court of this Colony, this
day of 19
(Signed.) Magistrate.
[L.S.]
FORM No. 4. [s.8.]
GOVERNOR'S ORDER OF DELIVERY.
The Foreign Offender Detention Ordinance,1872.
HONGKONG.
By His Excellency Governor and Commander-in-Chief of
this Colony and its dependencies.

To the Superintendent of the Gaol.
Whereas on the day of 19 ,one was
committed to gaol under the provisions of the above-mentioned Ordinance;and whereas
I have determined that the said shall be delivered unto
being the person duly authorised by me to receive the said offender
and to convey him from this Colony:

You are hereby ordered to deliver the said unto
being the person so duly authorised by me as aforesaid,at[here insert place or time
of delivery or any other directions].

Given under my hand and the Public Seal of the Coloy at Victoria, Hongkong,
this day of 19 .
(Signed.) Governor.
[L. S.]


FORM No. 5. [s.9.]
GOVERNOR's ORDER OF RELEASE.


The Foreign Offenders Detention Ordinance, 1872.
HONGEONG.
BY HIS Excellency Governor and Commander-in-Chief
of this Colony and its dependencies.

To the Superintendent of the Gaol.
Whereas one is now in your custody under the provisions
of the above-mentioned Ordinance: and whereas it has been determined that no order
shall be granted for the delivery of the said offender:

You are hereby order to release the said from custody under
the above-mentioned Ordinance.

Given under my hand and the Public Seal of the Colony,at Victoria,Hongkong,
this day or 19 .
(Signed.) Governor.

[L. S.]

If the order of release is issued after the delivery of the offender,this form must
be varied according to the facts,and directed to the person having the custody of the
offender.
** Short title. Governor's warrant to Magistrates to apprehend foreign offender. Issue of warrant by Magistrate. Proceedings before Magistrate. Committal by Magistrate. Report by Magistrate. Order by Governor by delivery up of offender to consular officer. Power to Governor to issue order of release. Protection to Magistrate, etc., acting under the Ordinance. Forms.

** Short title. Governor's warrant to Magistrates to apprehend foreign offender. Issue of warrant by Magistrate. Proceedings before Magistrate. Committal by Magistrate. Report by Magistrate. Order by Governor by delivery up of offender to consular officer. Power to Governor to issue order of release. Protection to Magistrate, etc., acting under the Ordinance. Forms.

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LEGAL PRACTITIONERS ORDINANCE, 1871

No. 1 of 1871.

To consolidate and amend the Laws relating to the Legal Pro-
fession. [29th May,1871.]
1. The Legal Practitioners Ordinance,1871.
2.In this Oridnance-
'The Court' means the Supreme Court,and includes any of the
Judges sitting together or separately in Court or in Chambers: 'The Registrat' means the Registrar of the Court:
'Articles' includes any contract in writing whereby any person
is bound ro serve as a clerk to a solicitor:
'Solicitor' means a solicitor qualified to practice in this Colony
according to law:
'Client' includes any person who,as a principal,or on behalf of
another person,or as trustee or executor,or in any other capacity,
has power,express or implied,to retain or employ, and retains or
employs,or is about to retain or employ,a solicitor,and any person
for the time being liable to pay a solicitor for his services any costs,
remuneration,charges,expenses,or disbursements:
'Party' includes a body of persons corporate or unincorporate:
'Costs' include all moneys,by whether name called,which a
client pays or is liable to pay to a solicitor for,or in respect of,or
in anticipation of servoces rendered or to be rendered to him by such
solicitor,or for or in respect of any fees,charged,or disbursements
paid is made,or to be paid or made,by such solicitor for him or on
his behalf.
'Mortgage' includes any charge on any property for securing
money or money's worth.
Service and examination of Articled Clerks.
3.-(1)The Chief Justice may make regulations,subject to the
approval of the Legislative Council,for the preliminary examination
of persons intending to become bound under articles of clerkship to
solicitors,in order ro ascertain the fitness of such person to become
so bound,having regard to their general learning and education and
to their character and conduct.
(2)Articles whereby any person may be bound to serve any
solicitor without having passed such preliminary examination ,or
without having obtained an oprder from the Chief Justice dispensing
with such examination,shall be null and void.
4.Any person,being a British subject,who has for the term of 5
years been a bona fide clerk to a solicitor practising in this Colony
and during that term has been bona fide engaged in the transaction
and performance,under the direction and superintendent of such
solicitor,of such matters of business as are usually transacted and




performed by solicitors, and who produces to the Chief Justice satis-
factory evidence that he has faithfully,honestly,and diligently
served as such clerk, bu exempted from any preliminary exami-
nation.

5.-(1) Articles whereby any person becomes bound to serve as
a clerk to any solicitor,and every assignment thercof, shall be pro-
duced to the Registrar within one month after the same have been
executed,and the person so bound as aforesaid shall,within the said
period,make and duly swear, or cause to be made and duly sworn,
an affidavit, of such solicitor having been duly admitted ,and also of
the actual execution of the articles or assignment by the parties
thereto.
(2) In every such affidavit there shall be specified the names of
such solicitor and of person so bound and the day on which such
articles or assignment were or was actually executed, and such
person shall also, within the said period,file the said affidavit in the
Court.

6.-(1)Within the said period of one month and on the filing
of the affidavit required by the last section and the payment of the
prescribed fees, the Registrar shall enrol and register the articles
or assignment ,and shall make and sign a memorandum thereon and
on the affidavit of the day on which the same was filed.
(2) The Registrar shall likewise enter the named of the parties
to and the date of such articles or assignment and the term of ser-
vice in a book to he kept for that purpose, and shall mark such
articles or assignment as having been so entered, with the date
thereof,and the said shall be open to public inspection during
office hours without fee or reward.

7. The formalities presecribed by the last two sections may be
observed and performed after the expiration of the period of one
month therein specifed, by leave of the Chief Justice, but the ser-
vice of the clerk so bound as aforesaid shall he reckoned to commence
and be computed from the date when such leave is granted or, in
the case of an assignment, his service shall be suspended from the
expiration of the said period of one month until the date when suell
leave is granted, unless the Chief Justice otherwise orders.





8.No person bound by articles of clerkship to any solicitor as
aforesaid shall, during the term of servien mentioned in such
articles, hold any omee or engage in any employment whatsoever
other than the employment of clerk to such solicitor and his part-
ners, if any, in the business, practice, or employment of a solicitor.

9. In case any solicitor to whom any clerk is articled becomes
bankrupt before the expiration of the term, or executes a trust deed
for the benefit of his creditors under any Ordinance relating to
bankruptcy, or is imprisoned for debt and remains in prison for
the space of 21 days, it shall be lawful for the Court, on the appli-
cation of such clerk, to order and direct the articles to be discharged
or assigned to such person,on such terms,and in such manner,
as the Court thinks fit.

10. The Chief Justice may make regulations,subject to the
approval of the Legislative Council,for the final examination of
persons who have been bound by articles of clerkship for a period
of 5 years as aforesaid, in order to ascertain the fitness of such
persons for admission to practise, as solicitors in the Court, having
due regard to their general learning and education, their Character
and conduct, their professional knowledge, the, length and assiduity
of their service, and their other credentials.

11. The Attorney General and any two or more fit persons, to
be appointed as occasion may require by the Chief Justice in writ-
ing and under the seal of the Court, shall be examiners for the
purposes of this Ordinance, and they shall be entitled to received by
way of remuneration for their services such sum out of the public
revenue as the Governor-in-Council may direct.

12. Until regulations of such preliminary and final examina-
tions are made as aforesaid and so far as the same may be
incomplete and may omit to provide for any particular matters or
things, the examiners may confirm themselves so far as may be
practicable, to the regulations by which the examinations of
persons intending to become bound under articles of clerkship, and
of candidates for admission to practise as solicitors in England are
respectively governed and directed.






13.-(1) The examiners shall certify the result of every such
preliminary or final examination to the Court within one week from
the completiion of the same or within such further time as the Court
may allow.
(2) Every such certificate shall be in writing signed by the
examiners or any two or more of them,of whom the Attorney 0
General shall be one, and shall state to the effect that the examin-
ers or the majority of them find that the candidate is or is not fit
to become bound under articles as aforesaid or to act as a solicitor,
as the case may be, or that the examiners have not been able to
come to any finding as to his fitness in that behalf.

14. If the examiners or the majority of them present at any such
final examination find that the candidate is fit, he shall be admitted
to practise accordingly; but if they or the said majority find that
he is not fit or come to no finding, the candidate may, on his peti-
tion to the Court, be heard in support of his qualification and claim
to such admission; and if the Court evrants the prayer of his
petitlon, he shall be admitted accordingly,notwithstanding any
such finding or want of finding as aforesaid.


15. Except in any case where the Court, on special application,
gives, leave to the contrary, no admission shall be granted, whether
on such certificate or on such petition as aforesaid, after the expira-
tion of one month from the date of the return of the certificate or
the date of the order made on the petition, as the case may be.

16. Every candidate for admission as a solicitor shall give one
month's notice in writing to the Registrar of his intention to apply
for examination and admission, and shall cause a like notice to be
inserted three times in the Gazette and in a public newspaper of
the Colony: Provided always that the Chief Justice may, on any
special grounds,make an order dispensing with all or any of the
formalities prescribed by this section.

17. Every such candidate who has given notice of such his inten-
tion and who has not attended to be examined, or has not passed
the examination,or has not been admitted,may, but not within 6
months after such notice given,renew the notice for examination
and admission, and so from time to time as often as he may think






proper : Provided always that if any such person has been prevent-
ed from attending to be examined as aforesaid by reason of sickness
or other unavoidable cause, it shall be lawful for the Chief Justice
to permit such notice to be renewed within the said period of 6
months.

18. Every such candidate who has served part of the period
of 5 years as an articled clerk to a solicitor practising in
Great Britain or Ireland, and the other part to a solicitor
practising in this Colony, shall, in addition to the formalities
prescribed by sections 5 and 6 in respect of the articles therein
mentioned, and before he can be admitted and enrolled, produce to
the Registrar the articles under which he has become bound to such
solicitor practising in Great Britain or Ireland and every assign-
ment thereof, and shall make and swear, or duly cause to be made
amd sworn, such affidavits in relation thereto as are preseribed by
section 5 in respect of the articles therrein mentioned; and the
provisions of section 6 shall likewsie apply to articles whereby
such candidate has been bound to serve any solicitor practising in
Great Britain or Ireland and to any assignment thereof : Provided
always that the Chief Justice may, on special grounds and on such
conditions as he may think proper, exempt any such person from
complying with the formalities prescribed by this section, either
absolutely or for any specified period.

19.-(1) Every such candidate shall, before he can be admitted
and enrolled, prove by an affidavit of himself or of the solicitor or

solicitors practising in Great Britain or Ireland or in this Colony

to whom he was bound, to be duly made and filed in the Court, that
he has actually and really served and been employed by such practis-

ing solicitor or solicitors during the period of 5 years required by
this Ordinance, and that he has not during such period held any
office or been engaged in any employment whatsoever other than
the employment of clerk to such solicitor or solicitors and his or

their partner or partners,if any, in the business,practice, or em-
ployment of a solicitor.
(2) The affidavit shall be in such form as may be approved by the
Chief Justice.






Adiission of Barristers, Solicitors, and Notaries Public.
20. No person shall practise in this Colony as a barrister or solici-
tor unless he has been approved, admitted, and enrolled by the
Court, or as a notary public unless he has been registered, under the
provisions of this Ordinance.

21. The Court shall have power to approve, admit, and enrol such
persons as have been admitted barristers or advocates in Great
Britain or Ireland to practise as barristers, and such persons as have
been admitted as attorneys, solicitors, or writers in one of the Courts
at London, Dublin, or Edinburgh,or as proctors in any Ecclesiasti-
cal Court in England, to practise as solicitors in the Court.
The word 'writers' in this section shall be deemed to include
'law agents' as defined in section 1 of the Act 36 and 37 Victoria,
chapter 63.

22. Every person who desires to be admitted under the last section
to practise in the Court shall deposit with the Registrar his certifi-
cate of call to the bar or of his admission as an attorney, solicitor,
writer or proctor,and shall file in the Court an affidavit of identity
in such form as may be approved by the Chief Jastice: Provided
always that the Chief Justice may, on special grounds and on such
conditions as he may think proper, exempt any such person from
complying with the formalities prescribed by this section, either
absolutely or for any specified period.

23. The Court shall have power to admit and enrol as a solicitor
any person, being a British subject, who has actually exclusively

and bona fide served for the period of 5 years as a clerk under articles
to any solicitor actually practising in the Colony, or part of such
period of 5 years under articles to such solicitor and the other part
under articles to any solicitor actually practising in Great Britain
or Ireland, and who has been examined and sworn in the manner
herein directed,and has fulfilled all the conditions of this Ordinance
in relation to such admission.

24. Every person who applies to be admitted and enrolled under
section 21 or under the last section as a solicitor shall, before ad-






mission and enrolment, subscribe the oath of allegiance in the form
prescribed by the Promissory Oaths Ordinance, 1869, and also the
oath following:-
1, A.B., do swear [or solemnly,sincerely, and truly declare
and affirm] that I will truly and honestly demean myself
in the practice of solicitor,according to the best of my
knowledge and ability. So help me God [these words are
to be omitted in the case of a seclaration or affirmation].

25. The Registrar shall keep a special book for the registration
of notaries public,and every notary public who produces his not-
arial faculty, and files in the Court an affidavit of identity in such
form as may be approved by the Chief Justice,shall,on payment
of the prescribed fee, be entitled to be registered therein.

Practice of Barristerd,Solicitors,and Notaries Public.
26. It shall be lawful for any person admitted and enrolled by
the Court as a barrister or as a solicitor to practice as such respec-
tively in the Courts.

27. Every person who,-
(1) either directly or indirectly,practises or acts as a barrister
or solicitor, without having been admitted and enrolled,or as a
notary public, without having been duly registered ; or,
(2) without possessing any qualification as a barrister,solicitor,
or nolary public, acts as such or prepares any document whatsoever
for fee or reward,
shall be liable for every such offence to forfeit a penalty of
200 dollars: Provided that no proceedings for the recovery thereof
shall be instituted without the consent of the Attorney General.

28. The rules of the legal profession and the laws now in force in
relation to the practice of barristers and solicitors admitted and en-
rolled by the Court shall be modified to the extent mentioned in
the next two sections.

29.-(1) A barrister may, without the intervention of a solicitor,
hold consultations with clients and give opinions in all matters what-
ever.






(2) A barrister may, without the intervention of a solicitor, ap-
pear for a client in all criminal proceedings before the Court, and
in all civil proceedings in the Court, in its Summary Jurisdiction,

and in all proceedings whatsoever before any Court of inferior jurisdic-
tion.
(3) A barrister may receive fees directly from a client for pro-
fessional business which he may transact without the intervention
of a solicitor.
(4) No barrister shall practise as a notary public.

30.-(1) A solicitor may practise as all advocate in the Court in
its Summary Jurisdiction.
(2) No solicitor who is admitted and enrolled shall, while in the
employment of another solicitor, practise on his own account or in
his own naine or transact any legal business otherwise than as clerk
to such other solicitor.



Taxation and recovery of Solicitors' costs.
31. On any taxation of costs, the taxing officer may, in deter-
mining the remuneration, if any, to be allowed to a solicitor for
his services, have regard, subject to any general rules or orders,
to the skill, labour, and responsibility involved.

32. If any person is desirous of obtaining, under section 51, the
taxation of a bill of fees, charges, or disbursements, for any busi-
ness whatsoever done by a solicitor, whether in an action or not
in an action or relating thereto, it shall not be necessary for such
person to apply to the Court for any order in that behalf; but he
shall be at liberty to refer such bill of his own authority to the
Registrar or other taxing officer of the Court, who sball thereupon.

proceed to tax the same in like inanner as he would have done
under an order of reference for that purpose in conformity witb
the enactments referred to in section 51.

33.-(1) In Every case in which a solicitor is employed to pro-
secute or defend any action, watter, or proceeding in Court, it shall

be lawful for the Court, to declare such solicitor entitled to a charge
upon the property recovered or preserved, and, on such declaration
being made, such solicitor shall have a charge upon and against,






and a right to payment out of the property, of whatsoever nature,
tenure, or kind the same may be, which may have been recovered
or preserved through the instrumentality of such solicitor, for the
taxed costs of or in reference to such action, matter, or proceeding.
(2) It shall be lawful for the Court to make such order for taxation
of and for raising and payment of such costs out of the said property
as to the Court may appear just and proper.
(3) All conveyances and acts done to defeat,or which may
operate to defeat, such charge, or right shall, unless made to a
bona fide purchaser for value without notice, be absolutely void
and of no effect as against such charge or right :
Provided always that no such order shall be made by the Court
in any case in which the right to recover payment of such costs is
barred by any statute of limitations.

Remuneration of solicitors.
34. A solicitor may make an agreement in writing with his client

respecting the amount and manner of payment for the whole or
any part of any past or future costs in respect of business done or
to be done by such solicitor, whether as a solicitor or as an advocate
or conveyancer, either by a gross sum,or by commission or percent-
age, or by salary or otherwise, and either at the same or at a greater
or at a less rate as or than the rate at which he would otherwise
be entitled to be remunerated, subject to the provisions and condi-
tions contained in this Ordinance : Provided always that when any
such agreement is made in respect of business done or to be done
in any action, the amount payable under the agreement shall not
be recovereable by the solicitor until the agreement bag been
examined and allowed by a taxing officer of the Court; and if
appears to such taxing officer that the agreement is not fair and
reasonable, he may require the, opinion of the Court to be taken
thereon by motion or petition ; and the Court shall have power either
to reduce the amount payable iinder the agreement or to order the
agreement to be cancelled and the costs in respect of the business
done to be taxed in the same manner and according to the same
rules as if such agreement had not been made.

35. Such an agreement shall not affect the amount of, or any
rights or remedies for the recovery of, any costs recoverable from
the client by any other person or payable to the client by any other






person, and any such othec person may require any costs payable
or recoverable by him to or from the client to be taxed according
to the rules applicable to the taxation of such costs, unless such
person has otherwise agreed : Provided always that the client who
has entered into such agreement shall not be entitled to recover
from any other person,under any order for the payment of any
costs which are the subject of such agreement, more than the

amount payable by the client to his own solicitor under the same.


36. Such an agreement shall be deemed to exclude any further
claim of the solicitor beyond the terms of the agreement in respect
of any costs in relation to the conduct and completion of the busi-
ness in reference to which the agreement is made, except such costs,

if any, as are expressly excepted by the agreement.

37. A provision in any such agreement that the solicitor shall not
be liable for negligence,or that he shall be relieved from any re-

sponsibility to which he would otherwise be subject as such solicitor,
shall be wholly void.

38.-(1)No action shall be brought upon any such agreement;
but every question respecting the validity or effect of any such
agreement may be examined and determined, and the agreement

may be enforced or set aside, by the Court, without action, on
motion or petition of any person or the representative of any person,
being a party to such agreement, or being or alleged to be liable to
pay,or being or claiming to be entitled to be paid the costs in
respect of which the agreement is made.
(2) Such motion or petition shall be made or presented to the
Court in its Original Jurisdiction where the amount payable under
the agreement exceeds 1,000 dollars, and in its Summary Jurisdic-
tion where it does not exceed 1,000 dollars.

39.-(1) On any such motion or petition, if it appears to the
Court that the agreement is in all respects fair and reasonable be-
tween the parties, the same may be enforced by the Court, by rule
or order, in such manner and subject to such conditions, if any, as
to the costs of such motion or petition, as the Court may think fit ;
but if the terms of such agrcement are not deemed by the Court
to be fair and reasonable, the same may be declared void, and the





Court shall thereupon have power to order such agreement to be
given up to be cancelled, and may direct the costs incurred or
chargeable in respect of the matters included therein to be taxed
in the same manner and according to the rules as if the agree-
ment had not been made.
(2) The Court may also make sueh order as to the costs of and
relating to such motion. or petition and the proceedings thereon as
to the Court may seem fit.

40-(1) When the arnount agreed for under any such agreement
has been paid by or on bebalf of the client or by any person charge-
able with or entitled to pay the same, the Court may, on applica-
tion by the person who has paid such amount,within 12 months
after the payment thereof, if it appears to the Court that the special
circumstances of the case require the agreement to be re-opened,
re-open the same, and order the costs to be taxed and the whole
or any portion of the amount received by the solicitor to be repaid
by him, on such terms and conditions as to the Court may seem
just.
(2) Where any such agreement is made by the client in the capa-
city of guardian, or of trustee under a deed or will, or of committee
of any person whose estate or property will be chargeable with the
amount payable under the agreement or with any part of such
amount, the agreement shall before payment be laid before a taxing
officer who shall examine the same, and may disallow any part
thereof or may require the direction of the Court to be taken thercon
by motion or petition; and if, in any such case, the client pays the
whole or any part of the amount payable under the agreement,
without the previous allowance of such officer or the Court is afore-
said, he shall be liable at any time to account to the person whose
estate or property is charged with the amount paid, or with any
part thereof, for the amount so charged; and if, in any such case,
the solicitor accepts payment without such allowance, the Court
may, if it thinks fit, order him to refund the amount so received
by him under the agreement.

41. Nothing in this Ordinance shall be construed to give validity
to any purchase by a solicitor or by his clerk of the interest, or any
part of the interest, of his client in any action or other contentious
proceeding to be brought, or maintained, or to give validity to any






agreement by which a solicitor retained or employed to prosecute
any action or proceeding stipulates for payment only in the event
of success in such action or proceeding.

42. Nothing in this shall give validity to any disposi-
tion, contract, settlement, conveyance, delivery, dealing, or transfer
which may be void or invalid against a trustee or creditor in bank-
ruptcy,arrangement or composition, under the provisions of the

laws relating to bankruptcy.

43-(1) Where a solicitor has made an agreement with his client
in pursuance of the provisions of this Ordinance, and anything has
been done by such solicitor under the agreement, and before the
agreement has been completely performed by him such solicitor dies
or becomes incapable to act, an application may be made to the
Court by any party to the agreement or by the representative of any
such party, and the Court shall thereupon have the same power to
enforce or set aside the agreement so far as the same may have
been acted upon, as if such death or incapacity had not happened. ,
(2) The Court, if it deems the agreement to be in all respects fair
and reasonable, may order the amount due in respect of the past
performance of the agreement to be ascertained by taxation; and
the taxing officer, in ascertaining such amount, shall have regard,
so far as may be, to the terms of the agreement; and payment of
the amount foond to be due may be enforced in the same manner
as if the, agreement had been completely performed by the solicitor.

44.-(1)If, after any such agreement as aforesaid has been made,
the client, changes his solicitor before the conclusion of the business
to which the agreement relates (which he shall be at liberty to do,
notwithstanding the agreement), the solicitor with whom the agree
ment was made shall be deemed to have become incapable to act
under the same within the meaning of the last section.
(2) On any order being made for taxation of the amount due to
such solicitor in respect of the past performance of the agreement,
the Court sball direct the taxing officer to have regard to the
circumstances under which such change of solicitors has taken place ;
and, on such taxation, the solicitor shall not be deemed entitled to
the full amount of the remuneration agreed to be paid to him, unless






it appears that there has been no default,negligence,improper
delay, or other conduct on his part affording reasonable ground to
the client for such change of solicitors.

45.except is in this Orditianec provided, tbe bill of a solicitor
for the amount due under an agreement made in pursuance of the
provisions of this Ordinance shall not be subject to any taxation or
to the provisions of the Solicitors Act,1843,mentioned in section
51, or of section 48 of this Ordinance respecting the signing and
delivery of the bill of a solicitor.

Miscellaneous Provisions.
46. A solicitor may take security from his client for his future
costs, to be ascertained by taxation or otherwise.

47. Whenever any judgement or order has been made for payment
of costs in any action and such action afterwards becomes abated,it
shall be lawful for any person interested under such judgment or
order to revive such action, and thereupon to prosecute and enforce
such judgment or order, and so on from time to time as often as any
such abatement may happen.

48. It shall be lawful fer the Court to authorise a solicitor to
commence an action for the recovery of his costs against the party

chargeable therewith and also to refer his bill of costs and the
demand of such solicitor thereupon to be taxed,although one month

may not have expired from the delivery of the bill of costs, on
proof to the satisfaction of the Court, that there is probable cause
for believing that the party chargeable therewith is about to quit

the Colony or to become a bankrupt or a liquidating or compounding
debtor, ar to take any other steps or do any other act which, in the
opinion of the Court, would tend to defeat or delay such solicitor
in obtaining payment.

49. Any solicitor to whom, either alone or jointly with any other
person, a mortgage is made,or the firm of which such solicitor is a
member, shall be entitled to receive, for all business transacted and
acts done by such solicitor or firm in negotiating the loan, deducing
and investigating the title to the property,and preparing and
completing the mortgage,all such usual professional charges and
remuneration as he or they would have been entitled to receive if






such mortgage had been made to a person not a solicitor, and such

person had retained and employed such solicitor or firm to transact
such busniess, and do such acts;and such charges and remuneration
shall accordingly be recoverable from the mortgagor.

50. Any solicitor to or in whom,either alone or jointly with any
other person, any mortgage is made or is vested by transfer or trans
mission, or the firm of which such solicitor is a member, shall be
entitled to receive and recover from the person on whose behalf the
same is done or to charge against the security, for all business trans-
acted and acts done by such solicitor or firm subsequent and in rela-
tion to such mortgage is to the security thereby created or the

property therein comprised,all such usual professional charges and
remuneration as he or they would have been entitled to receive if
such mortgage had been made to,and had remained vested in, a
person not a solicitor, and such person had retained and employed
such solicitor or firm to transact such business and do such acts ; and
accordingly no such mortgage ,shall be redeemed except on payment
of such charges and remuneration.

51.So much of the Solicitors Acts,1843,of the Imperial Parlia-
ment, sections 4,5,28,29,32,37(except from the words 'Provided
also that it shall be lawful for any judge' to the end of the section),
38 to 41, and 43, as relates to the competence of attorneys or solici-
tors to have clerks botind by contracts under articles, the discharge
of such contracts, service under such contracts when made with dis-
abled or disqualified persons, the time for making applications for
striking off the rolls persons admitted and enrolled erroneously but
without fraud, the agency of attorneys or solicitors for disqualified
persons, the delivery, reference,and taxation (whether before pay-
ment or after) of bIlls of fees, charges,and disbursements for any
business done by attorneys or solicitors,applications of parties and
orders of Court for delivery and reference in such cases and for
delivery up of deeds,documents,or papers, certificafes of taxation
and entering up of judgments, and the conditions on which actions
or suits may be commenced or maintained by attorneys or solicitors
for the recovery of any fees, charges, or disbursements shall (but
subject to the provisions herein contairied) extend to this Colony.


52. The Court shall have power, for reasonable cause, to remove
and strike off from the rolls of Court the name of any barrister
or solicitor.
53. The provisions of this Ordinance shall not apply to the
Attorney General or to the Crown Solicitor or any Asistant
Crown Solicitor.
54. The fees mentioned in the schedule shall be, payable in respect
of the matters therein mentioned.
55. Nothing in this Ordinance shall be deemed to affect the, rules
of the legal profession and the existing laws relating to barristers
and solicitors further or otherwise than is herein expressly enacted.

SCHEDULE.
TABLE OF FEES [s.54.]
1. On the filing of an affidavit $2.00
2. On the enrolment and registration of articles or of any
assignment of articles under sections 6 and 18 $ 5.00
3. On the entry of such articles or assignment in the book
to he open to public inspection under sections 6 and 18 $5.00
4. On the registration of a notary public under section 25 $5.00

5. On the admission of any person to practise as a
solicitor, whether on his own account or as clerk to another
solicitor or firm of solicitors $150.00
Short title. Interpretation of terms. [44 & 45 Vict.c. 44 s. 1.] [58 & 59 Vict.c. 25 s. 4. Regulations for preliminary examination. [23 & 24 Vict.c. 127 s. 8.] Exemption from preliminary examination in certain case. Formalities on execution of articles or of any assignment thereof. [6 & 7 Vict.c. 73 s. 8.] Duties of Registrar as to enrolment of articles. [23 & 24 Vict.c.127 s. 7.] Performance, by leave, of formalities after specified period. [6 & 7 Vict.c. 73 s. 9.] Articled clerk not to be engaged in other employment [23 & 24 Vict.c. 127 s. 10.] Discharge or assignment of articles in case of bankruptcy, etc. [6 & 7 Vict.c. 73 s. 5.] [cf. No. 7 of 1891.] Making of regulations for final examination. Examiners of articled clerk. Conduct of examinations in default of regulations. Certificate of result of examination. Admission of successful candidate, and right of appeal of unsuccessful candidate, at final examination. Time of admission after certificate, etc. Notice of intention to apply for examination and admission. Renewal of notice. Registration of articles of service to solicitor practising in Great Britain or Ireland. Affidavit of due servico under articles. 6 & 7 Vict.c 73 s. 14; 23 & 24 Vict.c. 127 s. 10. Prohibition of practice unless enrolled or registered. Enrolment of English or Irish barrister or solicitor, or Scotch advocate or writer. Certificate of call or admission to be deposited with Registrar and affidavit of indentity to be filed. Enrolment of person who has served under articles in the Colony or in the Colony and in Great Britain or Ireland. Oaths to be taken on enrolment of solicitor. [No. 1 of 1869.] Registration of notaries public. General right to practice of barrister and solicitor. Penalty for unlawfully practising. Modification of rules of legal profession. Modification of rules relating to barristers. Modification of rules relating to solicitors. Character of services considered in taxation of costs. Right of client to obtain taxation of costs without order of reference. Charging of property recovered or preserved with payment of costs. [23 & 24 Vict.c. 127 s. 28.] Fixing of remuneration of solicitor by agreement. [33 & 34 Vict.c. 28 s. 4.] Saving of interests of third parties [ib.s.5.] Agreement to exclude further claims. [33 & 34 Vict.c.28 s. 6.] Reservation of responsibility for negligence. [ib.s.7.] Examination and enforcement of agreement. [ib.s.8.] Setting aside of improper agreement. [ib.s.9.] Re-opening of agreement after payment in special cases. [33 & 34 Vict.c. 28 s. 10.] Prohibition of champertous stipulation. [ib.s.11.] Exclusion of agreement void in bankruptcy. [33 & 34 Vict.c. 28 s. 12.] [cf. No. 7 of 1891.] Provision in case of death or incapacity of solicitor making agreement. Change of solicitor after agreement. [ib.s.14.] Exemption of agreement from taxation. [33 & 34 Vict.c. 28 s. 15.] [6 & 7 Vict.c.73.] Security for future costs. [33 & 34 Vict.c. 28 s. 16.] Revival of order for payment of costs. [ib.s.19.] Suing for costs within one month when client about to leave the Colony, etc. [38 & 39 Vict.c. 79 s. 2.] Charges where mortgage is made with solicitor. [58 & 59 Vict.c. 25 s. 2.] Right of solicitor with whom mortgage is made to recover costs. [58 & 59 Vict.c. 25 s. 3.] Extension of certain enactments of 6 & 7 Vict.c. 73 to the Colony. Striking off rolls. Exception of Law Officers. Fees. Saving as to rules of legal profession.

Short title. Interpretation of terms. [44 & 45 Vict.c. 44 s. 1.] [58 & 59 Vict.c. 25 s. 4. Regulations for preliminary examination. [23 & 24 Vict.c. 127 s. 8.] Exemption from preliminary examination in certain case. Formalities on execution of articles or of any assignment thereof. [6 & 7 Vict.c. 73 s. 8.] Duties of Registrar as to enrolment of articles. [23 & 24 Vict.c.127 s. 7.] Performance, by leave, of formalities after specified period. [6 & 7 Vict.c. 73 s. 9.] Articled clerk not to be engaged in other employment [23 & 24 Vict.c. 127 s. 10.] Discharge or assignment of articles in case of bankruptcy, etc. [6 & 7 Vict.c. 73 s. 5.] [cf. No. 7 of 1891.] Making of regulations for final examination. Examiners of articled clerk. Conduct of examinations in default of regulations. Certificate of result of examination. Admission of successful candidate, and right of appeal of unsuccessful candidate, at final examination. Time of admission after certificate, etc. Notice of intention to apply for examination and admission. Renewal of notice. Registration of articles of service to solicitor practising in Great Britain or Ireland. Affidavit of due servico under articles. 6 & 7 Vict.c 73 s. 14; 23 & 24 Vict.c. 127 s. 10. Prohibition of practice unless enrolled or registered. Enrolment of English or Irish barrister or solicitor, or Scotch advocate or writer. Certificate of call or admission to be deposited with Registrar and affidavit of indentity to be filed. Enrolment of person who has served under articles in the Colony or in the Colony and in Great Britain or Ireland. Oaths to be taken on enrolment of solicitor. [No. 1 of 1869.] Registration of notaries public. General right to practice of barrister and solicitor. Penalty for unlawfully practising. Modification of rules of legal profession. Modification of rules relating to barristers. Modification of rules relating to solicitors. Character of services considered in taxation of costs. Right of client to obtain taxation of costs without order of reference. Charging of property recovered or preserved with payment of costs. [23 & 24 Vict.c. 127 s. 28.] Fixing of remuneration of solicitor by agreement. [33 & 34 Vict.c. 28 s. 4.] Saving of interests of third parties [ib.s.5.] Agreement to exclude further claims. [33 & 34 Vict.c.28 s. 6.] Reservation of responsibility for negligence. [ib.s.7.] Examination and enforcement of agreement. [ib.s.8.] Setting aside of improper agreement. [ib.s.9.] Re-opening of agreement after payment in special cases. [33 & 34 Vict.c. 28 s. 10.] Prohibition of champertous stipulation. [ib.s.11.] Exclusion of agreement void in bankruptcy. [33 & 34 Vict.c. 28 s. 12.] [cf. No. 7 of 1891.] Provision in case of death or incapacity of solicitor making agreement. Change of solicitor after agreement. [ib.s.14.] Exemption of agreement from taxation. [33 & 34 Vict.c. 28 s. 15.] [6 & 7 Vict.c.73.] Security for future costs. [33 & 34 Vict.c. 28 s. 16.] Revival of order for payment of costs. [ib.s.19.] Suing for costs within one month when client about to leave the Colony, etc. [38 & 39 Vict.c. 79 s. 2.] Charges where mortgage is made with solicitor. [58 & 59 Vict.c. 25 s. 2.] Right of solicitor with whom mortgage is made to recover costs. [58 & 59 Vict.c. 25 s. 3.] Extension of certain enactments of 6 & 7 Vict.c. 73 to the Colony. Striking off rolls. Exception of Law Officers. Fees. Saving as to rules of legal profession.

https://oelawhk.lib.hku.hk/items/show/793

CROWN FEES ORDINANCE, 1870

No. 5 of 1870.

To empower the Governor-in-Council to reduce, vary, remit and
refund Fees payable to the Government.
[11th November,1870.]
[Preamble rep.No.62 of 1911.]
1. The Crown Fees Ordinance,1870.
2. Whenever,by any Ordinance, any fees are made payable to
a public officer for the use of the Government and no power is given
by such Ordinance to reduce or vary the amount of such fees,such
power shall be vested in the Governor-in-Council: Provided always
that the provisions of this seciton shall not extend to fees the amount
of which a Judge has power to regulate by any rule or order of
Court.
3. No fees shall be varied so as to exceed the original amount
thereof.
4. Every reduction or variation in the amount of any fees shall
be made by any order of the Governor-in-Council to be published in
the Gazette.
5. It shall be lawful for the Governor-in-Council, if he thinks fit,
in any particular case and on any special ground, to remit the pay-
ment of any such fees as aforesaid as to order the amount thereof,
if paid, to be refunded.
Short title. Governor-in-Council may reduce or vary fees. Fees not to be increased. Publication of order. Power to remit or refund fees in special case.

Short title. Governor-in-Council may reduce or vary fees. Fees not to be increased. Publication of order. Power to remit or refund fees in special case.

https://oelawhk.lib.hku.hk/items/show/792

CROWN RIGHTS (RE-ENTRY) ORDINANCE, 1870

No. 4 of 1870.

To make provision for the enforcement of rights of re-entry by
the Grown and for the granting of Relief against Forfeiture.
[26th Angnst, 1870.]
WHEREAS it is expedient to extend to this Colony the provision of
section 25 nf tho Act 22 & 23 Victoria,chapter 21,and to make
provision for the enforcement of rights of re-entry by the Crown
and for the granting of relief against forfeiture:-

1. The Crown Rights (Re-entry) Ordinance, 1870.

2. When a right of re-entry upon lands or tenements has accrued
to His Majesty, such right may be exercised or enforced without
any inquisition being taken, or office being found, or any actual re-
entry being made on the premises.

3. Whenever it is necessary to enforce a right of re-entry by the
Crown upon any such lands or tenements for the breach of any
covenant in the Crown lease thereof, a memorial of such re-entry,
under the hand of the Governor and the public seal, may be regis-
tered in the Land Office, and, immediately on the registration of
such memorial, the Crown shall be deemed to have re-entered upon
the lands or tenements described therein and in respect of which
such right of re-entry has accured, and the said lands and tenements






shall ipso facto become thereby re-vested hi. the Crown as fully as
if the Crown lease thereof had determined, or a surrender to Ilis
Majesty of such Crown lease had been executed by the lessee, his
executors,administrators,or assigns:Provided always that in case
the lessee, his executors,administrators, and assigns, disputes or
dispute the right of the Crown to re-enter,he or they may apply
by summary petition to the Suprerne Court in its equitable jurisdic-
tion, for relief against such re-entry.

4, In every case of re-entry by the Crown for breach of covenant
in a Crown lease, the lessee, his executors, administrators, or assigns,
may, within such period as is hereinafter mentioned, petition the
Governor to grant him or them relief against the forfeiture of the
Crown lease by reason of such breach of covenant.

5. It shall be lawful for the Govenor-in-Council on such petition
to grant the relief asked for, but in case he does riot think fit to do
so,or in case he desires that the matter be dealt with by a Court
of Law, the petition,unless previously withdrawn, shall be referred
to the Supreme Court in its equitable jurisdiction.
6. No such petition shall be entertained by the Governor-in-
Council or by the Supreme Court,unless it has been presented
within 12 months from the publication in the Gazette of the notice
of registration of the memorial of re-entry:Provided always that
the Governor-in-Council may in any particular case extend the time
hereby limited for presenting such petition.

7. On the hearing before the Supreme Court of any such petition
the Attorney General shall appear as respondent there to on behalf
of the Crown,and the proceedings shall be the same as upon an
ordinary petition in the Court,unless the Court otherwise direcrs,
and it shall be lawful for the COurt to exercise the same powers,
and to make the same decree or order,as in an action between
private parties for the same relief,and,in any case where the right
of re-entry is in disputy,to apply the provisions of the Code of Civil
Procedure and generally to grant such relief and make such decree
or order upon such petition as the justice of the case may require.
8.The Governor-in-Council on the petition of any Crown lessee,
his executors,administrators,or assigns,under section 4,and the

Supreme Court on the hearing og any such petition,may order the
cancellation of the memorial of re-entry upon the lands and tene-
ments in respect of which the petition has been presented,and such
cancellation,if so ordered,shall be effected in manner hereinafter
mentioned.
9.A memorial of re-entry by the Crown shall be deemed to have
been cancelled if a memorandum,signed by the Colonial Secretary,
to the effect that the same is cancelled by order of the Governor-in-
Council or of the Supreme Court is written or indorsed thereon,
and,immediately on such cancellation,the memorial shall become
void to all intents and purposes as if the same had never been
made or registered,and the lands and tenements described therein
shall be ipso facto re-vested in the lessee,his executors,adminis-
trators,and assigns,for all his or theor previous estate and interest
or lien previously existing thereon,shall be deemed to be as valid
and subsisting in every respect as if no such re-entry had been
effected by the Crown.
10.The form of memorial in the schedule or any form to the like
effect, may be used for the purpose of section 3,with such variations
as the circumstances of the case may required.
11.Notice of the registration of a memorial of re-entry by the
Crown and of any cancellation thereof,shall be published in the
Gazette.
12.Nothing in this Ordinance shall be deemed to take away or
affect any other remedies of the Crown for the enforcement of rights
of re-entry upon any lands or tenements.

SCHEDULE. [s.10.]
MEMORIAL OF RE- ENTRY BY THE COLONY.
Short title. Exercise of right of re-entry by the Crown. [22 & 23 Vict.c.21 s. 25.] Memorial at re-entry. Petition to Governor by lessee for relief against forfeiture. Referring of petition to the Supreme Court. Time limited for presenting petition. Proceedings on petition. [cf. No. 3 of 1901.] Power to order cancellation of re-entry. Cancellation or memorial of re-entry. Form of memorial of re-entry. Notice of registration of memorial. Saving of other remedies of the Crown.

Short title. Exercise of right of re-entry by the Crown. [22 & 23 Vict.c.21 s. 25.] Memorial at re-entry. Petition to Governor by lessee for relief against forfeiture. Referring of petition to the Supreme Court. Time limited for presenting petition. Proceedings on petition. [cf. No. 3 of 1901.] Power to order cancellation of re-entry. Cancellation or memorial of re-entry. Form of memorial of re-entry. Notice of registration of memorial. Saving of other remedies of the Crown.

https://oelawhk.lib.hku.hk/items/show/791

INNKEEPERS' LIABILITY ORDINANCE, 1870

No. 3 of 1870.

To amend the Law respecting the liabilities of Innkeepers.
[26th August, 1870.]
1. The Innkeepers' Liability Ordinance, 1870.

2. In this Ordinance-
' Inn ' means any hotel,inn,or other place of refreshment, the
keeper of, which is now by law responsible for the goods and property
of his guests:






'Innkeeper' means the keeper of any such place and includes a
public company.

3. An innkeeper shall in no case be liable to make good to his
guest any loss of or injury to goods or prperty brought to his inn
by such guest,unless the same have or has been stolen,lost, or
injury through the wilful act,default,of neglect of such inkeeper
or any servant in his employ : Provided always that, in any
action or other proceeding instituted to recover compensation for
such loss or injury, the fact of such loss or injury shall be deemed
prima facie evidence of negligence, and that no innkeeper shall be
entitled to the benefit of this section unless he shows that he used
the utmost care that could be reasonable expected of him to protect
his guest against shall loss of injury.


4.An innkeeper shall not be liable to make good to his guest
any loss of or injury to or property hrought to his inn by such

guest to a greater amount than 500 dollars, unless such goods or
property have or has been deposited with him for safe custody,
under the provisions next hereinafter contained : Provided always
that this section shall not be deemed to limit the liability of the
innkeeper in any case where there is proof of any wilful act,
neglect,or default,or of fraud or collusion in connexion with such
loss or injury, on the part of the innkeeper himself or of ay manager
or other person entrusted by him with the general control and man-
agement of the inn.
5.Every innkeeper shall be bound to receive from his guest
on demand, for the purpose of safe custody, any goods or property,
and to give a deposit note stating the value thereof, subject to the
following conditions :-
(1) that the guest shall, at the time of such deposit, declare the
value of such goods or property; and

(2) that the guest shall, if so required by the innkeeper, provide
a box or other receptable for such deposit and fasten and seal the
same :
Provided always that the innkeeper may refuse to receive for safe
custody goods or property of any one guest, the declared value of
which exceeds 5,000 dollars, and that he shall in no case be liable
for loss of or injury to goods or property so deposited by a guest to
an amount exceeding the declared value thereof.


6. If any innkeeper refuses to receive for safe custody,as here-
inbefore mentioned, any goods or property of his guest, the declared
value of which does not exceed 5,000 dollars, or if any such guest,
through any default of such innkeeper,is unable to deposit such

goods or property as aforesaid, such innkeeper shall not be entitled
to the benefit of this Ordnance in respect of such goods or
property.

7. Every innkeeper shall canse at least one copy of this Ordi-
nance, printed in plain type, in English and Chinese,to be exhibited
in a conspicuous part of the hall or entrance to his inn, and he shall
be entitled to the benefit of this Ordinance in respect of such goods
or property only as may be brought to his inn while such copy is
so exhibited.


Short title. Interpretation of terms. [26 & 27 Vict.c. 41.] General limitation of innkeeper's liability. Limitation of innkeeper's liability where goods not deposited for safe custody. Innkeeper to receive property of guest for safe custody. Innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance.

Short title. Interpretation of terms. [26 & 27 Vict.c. 41.] General limitation of innkeeper's liability. Limitation of innkeeper's liability where goods not deposited for safe custody. Innkeeper to receive property of guest for safe custody. Innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance.

https://oelawhk.lib.hku.hk/items/show/790

PUBLIC PLACES REGULATION ORDINANCE, 1870

No. 2 of 1870.

For enabling the Governor-in-Council to make regulations for the
maintenance of good order and the protection of property
in Public Buildings, Gardens and other places.
[Preamble rep. No. 62 of 1911.] [19th Aug. 1870.]

1. The Public Places Regulation Ordinance, 1870.

2.Every person who unlawfully and maliciously or wantonly
commits any damage,injury or spoil to or upon any real or
personal property belonging to the Crown,to an amount not exceeding
25 dollars,and for which no punishment is now provided by law,
shall be guilty of a misdemeanor,and shall,on summary conviction
thereof, be liable to a fine not exceedincr 50 dollars, and to imprisonment,
not exceeding one month, and shall moreover pay such sum of
money not exceeding 25 dollars, by way of compensation for the
damage done, as the Magistrate may direct.






3. It shall be lawful for the Governor-in-Council to make regula-

tions for the maintenance of good order and the preservation of pro-
perty in any public buildings, gardens, or other places open to the
public, and for the better enjoyment thereof by persons frequenting
the same.

4. A copy of all regulations relating to any public building, garden,
or other place shall be exhibited at the entrance thereof or in some
conspicuous place within the same.

5.-(1) lt shall be lawful for any constable, and also for any
custodian, watchman,keeper,or other person employed by the
Government in any such public building, garden, or other place as
aforesaid,to there and then, and without any warrant, summons,
or other legal process, stop, seize, apprehend, and detain any person
who is committing a breach of any of the said regulations, and to
take such person before a Magistrate to be dealt with according to
law, or else to elect and remove therefrom any person who is found
committing therein a breach of any of the said regulations or any
offence punishable by law, after having been previously warned to
desist.
(2) Every person who uses abusive language to, or assaults,or
uses any violence towards, any such constable or other person while
in the execution of his duty or of the powers vested in him under
this Ordinance, shall, on summary conviction thereof, be liable to
a fine not exceeding 100 dollars, and to imprisonment not exceeding
3 months.

6.-(1) Every person who is charged by any such constable,
custodian, watchman,keeper, or other person as aforesaid with
committing or with having committed within any such public

building,garden,or other place as aforesaid a breach of any of the

said regulations or any pffence punishable by law,and who refuses
to give his name and address if called upon to do so,shall,on
summary conviction thereof, be liable to a fine not exceeding 10

dollars, in addition to any punishment to which he may be liable
for the offence with which he is charged atid whether he is found
guillty of such offence or not.
(2) If any such person refuses to give his name, it shall be lawful
to proceed against him summarily by a description of his person


and the offence only, without adding any name or designation, but

in such case the Magistrate shall mention in the deposition that
the defendant refused to give his name.

7.Every person who commits a breach of any of the said regu-

lations shall be guilty of a misdemeanor,and shall, on summary
conviction thereof, be liable to a fine not exceeding 10 dollars for a
first offence, and for every subsequent offence to a fine not exceed-
ing 25 dollars, and to imprisonment not exceeding one month.

8. Nothing in the last section shall affect any other remedy or
punishment which may be provided by for any act done in
breach of any regulation made in pursuance of this Ordinance.

9. It shall be lawful for the Governor to authorise the temporary
closing or enclosure of the whole or any portion of any public build-
ing, garden, or other public, place (including any Recreation
Ground as defined by any Recreation Ground Ordinance) for any
period not exceeding 7 consecutive days for the purposes of exhibi-
tions, lectures, concerts,athletic contests,amateur performances,
bazaars or sales of work, or for any other purposes of a scientific,
educational, charitable, or society nature, and to authorise any society,
club, commmittee,corporation,or person to grant admission to the
building, garden, or place. or portion tbereof so closed or enclosed,
by ticket or otherwise on payment of such sum of money as the
Governor may approve or without payment,and any monies received
for such admission may be applied for such purposes as the Governor
may approve.

Short title.
Committing malicious or wanton damage to Crown property, not exceeding $25 in amount. Regulations relating to public places. Exhibition of regulations. Removal of person found committing breach of regulations after warning. Refusal of person committing breach of regulations to give name and address. Penalty for breach of regulations. Saving of other remedies and punishments. Use of public places for exhibitions, concerts, bazaars, etc., moneys being charged for admission. [cf. NO. 4 of 1898 and No. 35 of 1909.]

Short title.
Committing malicious or wanton damage to Crown property, not exceeding $25 in amount. Regulations relating to public places. Exhibition of regulations. Removal of person found committing breach of regulations after warning. Refusal of person committing breach of regulations to give name and address. Penalty for breach of regulations. Saving of other remedies and punishments. Use of public places for exhibitions, concerts, bazaars, etc., moneys being charged for admission. [cf. NO. 4 of 1898 and No. 35 of 1909.]

https://oelawhk.lib.hku.hk/items/show/789

TUNG WA HOSPITAL INCORPORATION ORDINANCE, 1870

No. 1 of 1870.

Tung Wa Hospital Incorporation

For establishing a Chinese Hospital to be supported by Volun-
tary Contributions, and for crecting the same into an
Eleemosynary Corporation.
WHEREAS it has been proposed by the Governor, His Excellecy
Sir Richard Graves MacDonnell, to found a Chinese hospital for











the care and treat,ent, of the indigent sick, to be supported
by voluntuy contributions; AND WHEREAS Her Majesty Queen
Victoria has been graciously pleased, by way of endowment of
the said hospitall, to grant a piece of Crown land as a site for
the erection thereof, and also to authorise the paynnent out of
the public funds of the Colony of a donation of 15,000 dollars
towards the cost and expenses of erecting and maintaining the
same; AND WHEREAS several persons are donors to the funds of
the said intendedand have formed themselves into a
commitee for the purpose of carrying out the objects aforesaid;
AND WHEREAS, for the better accomplishment thereof,they have
applied to the Governor to grant to them an Ordinance of in-
corporation, which the Governor has consented to do, under and
subject to the conditions and provisions hereinafter contained:-
1. The Tung Wa Hospital Incorporation Ordinance, 1870.
2. Such and so many persons (being of Chinese origin) as may
become donors of any sum not under 10 dollars to the funds of the
said hospital and whose names axe entered upon the register of
members hereinafter provided,(hereinafter called 'members'),
shall be one body politic and corporate, in name and in deed, by
thn name of 'The Tung Wa Hospital,' with perpetual succession
and a common seal, and with power to purchase, hold, take and,
enjoy,to themselves and their successors, all houses, buildings,
lands, and hexeditaments which they may require for the pur-
poses of the said hospital; and shall and may sue and be sued in
their corporate name in all Courts.
3. The corporation is erected for the purpose of establish and
maintaining a public free hospital for the treatment of the indigent
sick among the Chinme population, and is to be supported. by
voluntary contributions and governed by a board of direction :
Provided,nevertheless,that it shall be lawful for the board of
direction to admit any Chinese patients into the said hospital on
payment of such charges and on such conditions as may be specified
in regulations made in that behalf.
[ss. 4, 5, rep. No. 62 of 1911]
6.-(1) A permanent hard of direction shall be formed, con-

sisting of not less than 6 and not more than 16 members of
the corporation (hereinafter called 'directors'), to be elected as
hereinafter mentioned , who shall appoint one of their body to be
president.





(2) Every director shall hold office for the term of one year only,
but shall be re-eligible. at the expiration thereof.

7.-(1)The directors shall be elected as occasion may require,
by a majority of votes of members who are within the Colony at the
time of such election.
(2) Every such member shall, until otherwise provided by
regulation, be entitled to one vote only.


8. The directors shall, subject to the provisions of this Ordi-
nance,have full power and authority generally to govern, direct, and
decide all matters whatsoever connected with the administration of
the affairs of the corporation and the accomplishment of the object
and purposes thereof, and may appoint a board of managemnt con-
sisting of so many members of the corporation as they may think
fit, who shall, under regulations inade by the directors in that
behalf,undertake and exercise the immediately supervision and
management of the hospital.


9. The directors shall have power, with the consent of the
Governor-in-Council, to change or vary the name and the common
seal of the corporation, and the amount of the donation to the funds
of the hospital herenibefore prescribed as a qualification for be-
coming a member, and the, term of office of the directors, and also
may, for reasonable cause and with such consent as aforesaid, refuse
to admit any person as a member,and may expel any existing
member and cause his name to be erased from the register.

10. The director shall have power to make regulations for their
procedure in the transaction of business and the maintenance of good
order at their for the mode of voting for the election
of directors and the appointment of the president thereof, for
the guidance of the board of management, and generally for all
matters relating to the administration and discipline of the
hospital : Provided always that a copy of such regulations shall be
furnished to the Secretary, and every such regulation shall
be subject to disallowance at any time by the Governor-in-Council.
11. All questions which may arise at any meeting of the directors
shall be decided by a majority of votes, and, in case of an equality





of votes, the president, in addition to his orginal vote, shall have a
casting vote.

12. In case any doubt or ambiguity arisus and any controversy
takes place among the directors as to the Interpretation of this
Ordinance, the same shall be referred to the Governor-in-Council,
whose decision tbereon shall be final.
[s. 13, rep. No. 62 of 1911.]

14. The hospital and all buildings and premises of the corpora-
tion shall be open at all reasonable times to the inspection of the
Registrar General, of the Principal Civil Madical Officer, and of
any other person whom the Governor may appoint in that behalf.

15. The directors shall-
(1) cause a register to be kept in which every person desiring to
become a member and being duly qualified shall,subject to the
provisions of section 9, be entitled to have his name inscribed;
(2) cause proper books of account to be kept, which shall be open
at all reasonable times to the inspection of members and of any
person whom the Governor-in-Council may appoint in that behalf;
and,
(3) within one month after the expiration of every year of the
Chinese calendar, transmit to the Colonial Secretary a true state-
ment of the assets and liabilities of the corporation and an account
of its receipts and disbursernents during the previous year, and such
statement shall, if requred, be verified upon oath before a Justice
of the Pcace by two directors.

16. In case it is at any time shown, to the satisfaction of the
Governor-in-Council, that the corporation has ceased, or neglected,
or failed to carry out in a proper manner the object and purposes of
this Ordinance or to fulfil the conditions thereof, or that sufficient
funds cannot be obtained by voluntary contributions to defray the
necessary expenses of maintaining the said hospital, or that the
corporation is unable for any reason to pay its debts, it shall be law-
ful for the Governor, with the advice of the Council, by
an Ordinance to be passed for that purpose, to repeal this Ordinance
and to declare that the incorporation hereby granted shall cease and






determine and become absolutely void: Provided always that 6
months notice of the Governor's intention to pass such an Ordi-
nance shall be previously given to the corporation.

17. In case the incorporation hereby granted ceases under the
provisions of the last section, all the property and assets of the cor-
poration shall become vested in the Crown, subject to the rateable
payment thereout of the just debts and liabilities of the corporation,
to the extent of such property and assets and in such manner as
may be provided by the repealing Ordinance or by any order to be
made in that behalf by the Governor-in-Council.
[Schedule (of original donors), rep. No. 62 of 1911.]

[No. 1 of 1900.*]
For the establishment of a Hospital for Infectious Diseases in
connection with the Tung Wa Hospital.
[22nd March, 1900.]
WHEREAS it has been proposed to tho Governor by the Directors of
the Tung Wa Hospital that a branch hospital for the care and
treatment of indectious diseses amongst the Chinese,should heen.
graciously pleased, by way of endownment ,to consent to the
grant of a piece of Crown land as a sire ; AND WHEREAS doubts
have arisen as to whether it is within the powers of the Directors
to acquic the said piece of land and to build and direct the said
branch hospital ; AND WHEREAS doubts have also arisen as to
whether it is within the powers of the said Directors to bind in
any way the Tung Wa Hospital, or any of the members thereof,
or any of the propmly thereof ,in connection with any such agree-
ment as is hereinafter referred to;AND WHEREAS it is expedient
to remove such doubts : -
1. The Tung Wa Hospital Extension Ordinance, 1900.

2. The Tung Wa Hospital shall possess the same powers and
rights and be subject to the same liabilities and responsibilities in
connexion with the branch hospital for infectious diseases intended
to be built on the western side of Inland Lot No. 1082 as it
possesses and is subject to with regard to the Tung Wa Hospital ;
and the Directos of the Tung Wa Hospital shall have and exercise
the same powers and rights and be subject to the same, liabilities and






responsibilities in connexion with the said branch hospital as they
have and exercise and are subiket to ill connexion with the Tung Wa
Hospital, and the provisions of sections 14, 16, and 17 of Ordinance
No. 1 of 1870 shall apply to tIe, branch hospital in the same way as
they now apply to the Tung Wa Hospital.

3. Any two directors of the Tung Wa Hospital shall have power
to enter into an agreement, under the common seal, indemnifying
the Government from and against any action, suit, proceeding,
claim, or demand by any person in respect of the erection or occupa-
tion or use of, or otherwise howsoever in connexion with, the
branch hospital. And such agreement as aforesaid, when entered
into, shall be binding on the members and on the property of the
Tung Wa Hospital which may be sued in respect thereof.

[No. 9 of 1904.]

For enabling the Tung Wa Hospital to acquire, mortgaye and sell
lands and hereditainents. [28th September, 1904.j
leasehold bereditaments and premises have been
purchased by, or for and on behalf of and are now being held
and enjoyed by, the Tung Wa Hospital: AND doubts
have arisen as to whether the power conferred upon the Tung
Wa Hospital by Ordinance No. 1, of 1870 to purchase,hold,
take and enjoy to themselves and their successors houses, lands
and hereditaments which might be required fnr the purposes of
the said hospital is sufficient to entitle the Tung Wa Hospital
to acquire, take, hold and enjoy houses, buildings, lands and
hereditament which inny not be directly required for the pur-
poses of the said hospital, but which have been,or may hereafter
be purchasnd out of, and for the, purpose of investing,the surplus
funds of the said hospital:AND WHEREAS it is deemed expedient,
for the purpose of removing such doubts, that an Ordinance
should be passed vesting the said hereditaments and premises in
to Tung Wa Hospital and conferring upon the Tung Wa
Hospital power to acquire,hold,mortgage and sell any lands
and hereitaments in this Colony:-
[s. 1, rep. No. 62 of 1911.]







for the unexpired residue of the several and respective ternis of
years created by the Crown leases of the said lands respectively, but
subject to the payment of the Crown rent, or due proportion of
Crown rent reserved by such leases respectively and subject to the
performance and observance of the covenants and conditions and
subject to the provisions respcctively contained in such Crown
leases, so far as the same relate to the said hereditaments and
premises.

3. It shall and may be lawful for the Tung Wa Hospital (with
the consent, in writing of the Governor) to purchase, or otherwise
acquire, hold, take and enjoy any messuages, land, tenements and
hereditaments whatsoever in this Colony.

4. It shall be lawful for the Tung Wa Hospital vith the consent
in writing of the Governor to sell, exchange, mortgage or in any
manner dispose of, or, without such consent,to let or demise for
any tarm not exceeding 3 years, any of the messuages, lands, tene-
ments and hereditaments hereby vested in, or hereafter acquired by
the Tung Wa Hospital, and also to do any other act, matter or
thing in relation to any messuages,tenements and heredita-
ments which the Tung Wa Hospital shall deem necesary or
expedient.
5. Upon any such sale, mortgage or disposition of any of the said
messuages, lands, tenements and hereditaments, the signature of
the Governor endorsed upon the deed or other document
effectuating such sale wortgage or disposition, shall be sufficient
evidence that the consent required by the last section has been
obtained.

6, The Tung Wa Hospital may lend money on mortgage of any
messuages, lands,tenements or hereditaments,and may exercise all
the ordinary rights, powers and privileges or a mortgagee as to fore-
closure or sale of the wortgaged property, or otherwise.

7. All deeds, documents and other instruments requiring the seal
of the Tung Wa Hospital shall be seated with its common seal in
the presence of two dickwi and shall also be signed by them, and
such signing shall be taken as sufficient evidence of the due sealing
of such deeds, documents and other instruments.


8. The annual statement of the assets and liabilities of the cor-
poration required by section 15 of Ordinance No. 1 of 1870 shall
include a schedule of all messuages, lands, tenements, heredita-
ments, mortgages and other investments then held by the Tung
Wa Hospital.

9. Nothing herein contained shall affect, or be deemed to affect,
the rights of His Majesty the King.


SCHEDULE.


1 Section A of Inland Lot No. 13. 10 Inland Lot No. 952.
2 Inland Lot No. 361. 11 Inland Lot No. 1082.
3 Inland Lot No. 50. 12 Inland Lot No. 1158.
4 Inland Lot No. 561. 13 Inland Lot No. 48.
5 Inland Lot No. 562. 14 Inland Lot No. 1440.
6 Remaining Portion of Inland Lot, 15. Inland Lot No. 1613.
No. 697. 16 Inland Lot No. 1637.
7 Inland Lot No. 764. 17. Inland Lot No. 1707.
8 lnland Lot No. 835. 18 Inland Lot No. 1718.
9 Inland Lot. No. 860.

Short title. Grant of incorporation to donors to the Tung Wa Hospital. Object and purpose of incorporation. Permanent board of direction. Election of members of board. General powers of directors, appointment of board of management, etc., Special powers to be exercised by directors with consent of Governor-in-Council. Regulations. Decisions of questions at meetings of directors Decisions of question as to interpretation of Ordinance. Inspection of hospital. Register of members, books of account, etc. Provision for repeal of Ordinance in certain cases. Disposal of property of corporation in case of repeal of Ordinance. Short title Extension of Incorporation Ordinance, 1870, to branch hospital. Power to indemnify Government. Property vested in the Tung Wa Hospital. Power to acquire land. Power to sell, etc., and to demise. Proof of consent of on mortgage. Execution of deeds. Annual statement. Rights of Crown reserved.

Short title. Grant of incorporation to donors to the Tung Wa Hospital. Object and purpose of incorporation. Permanent board of direction. Election of members of board. General powers of directors, appointment of board of management, etc., Special powers to be exercised by directors with consent of Governor-in-Council. Regulations. Decisions of questions at meetings of directors Decisions of question as to interpretation of Ordinance. Inspection of hospital. Register of members, books of account, etc. Provision for repeal of Ordinance in certain cases. Disposal of property of corporation in case of repeal of Ordinance. Short title Extension of Incorporation Ordinance, 1870, to branch hospital. Power to indemnify Government. Property vested in the Tung Wa Hospital. Power to acquire land. Power to sell, etc., and to demise. Proof of consent of on mortgage. Execution of deeds. Annual statement. Rights of Crown reserved.

https://oelawhk.lib.hku.hk/items/show/788

PUBLIC ASSEMBLAGES (REGULATION OF TRAFFIC) ORDINANCE, 1869

No. 2 of 1869.

To make further provision for the Maintenance of Order on the
occasion of Public Assemblages. [30th September,1869.]

1. The Public Assemblages (Regulation of Traffic) Ordinance,
1869.
2.It shall be lawful for the Captain Superintendent of Police,
subject to the approval of the Governor,as occasion may require,
to make regulations for the route to be observed by all carts,
carriages,horses,and other animals,chairs and other vehicles,and
all persons,and for preventing obstriction of the roads,streets,and
throughfares in all times of public processions,public rejoicings,
public ceremonials,spectacles or illuminations,public assemblies
or meetings,military reviews or inspections,funerals,and all other
cases where the presence of a large number of persons may be
probable or possible,and also to give directions for keeping order
and for preventing any obstruction of the thoroughfares in the
immediate neihbourhood of government or public buildings and
offices, the Superme or other Court House, the Police Courts, the
theatres and other places of public resort, the Cathedral, and all
other churches, chapels, or other places of public worship, and in
any cases where the roads, streets, or thoroughfares may be thronged
or be liable to be obstructed: Provided always that such regulations
or directions hsall have no force or effect whatever unless and until,
after being so approved, they are printed in English and Chinese
characters and affixed on or near the place or places, and on the
occasion, to which they severally refer or relate.

3. It shall be lawful for the Harbour Master, subject to the appro-
val of the Governor, to make similar regulations and give similar
directions with reference to the route to be observed bu boats or
other vessels and bu persons, and to the keeping of order and pre-
venting of obstructions, in the harbour or other waters of the
Colony, on any such or similar occasions as hereinbefore set forth
which may occur within the said harbour or waters: Provided
always that such regulations or directions shall have no force or
effect unless and until, after being so approved they are printed in
English and Chinese characters and exhibited at the Harbour
Master's Office and the Water Police Stations and affixed at three
public wharves.

4. The approval of the Governor shall be signified byu his signa-
ture affixed to some draft or copy of the siad reglations and
directions.

6.Every breach of any such reglations and directions, and
every violation or disregard thereof or dispnedience thereto, shall
be a separate offence, and shall be triable by a Magistrate, and be
punishable with a fine not exceeding 20 dollars, or imprisonment,
without hard labour, not exceeding one month.

Short title. Regulations, etc., for control of traffic on land on occasion of public assemblage. Regulations, etc., for control of traffic in harbour on occasion of public assemblage.
Signification of Governor's approval. Penalty for breach of regulations, etc.

Short title. Regulations, etc., for control of traffic on land on occasion of public assemblage. Regulations, etc., for control of traffic in harbour on occasion of public assemblage.
Signification of Governor's approval. Penalty for breach of regulations, etc.

https://oelawhk.lib.hku.hk/items/show/787

PROMISSORY OATHS ORDINANCE, 1869

No. 1 of 1869.

To amend the Law relating to Promissory Oaths.
[24th September,1869.]
1. The Promissory Oaths Ordinance,1869. 2.The oath of allegiance shall be in form following:-
I, ,do swear that I will be faithful and bear
true allegiance to His Majesty King George the Fifth,His Heirs
and Successors,according to law. So help me God.
3.The official oath shall be in the form following:-
I, , do swear that I will well and truly serve
His Majesty King George the Fifth in the office of .So
help me God.
4.The judicial oath shall be in the form following:-
I, ,do swear that I will well and truly serve
Our Sovereign Lord King George the Fifth in the office of ,
and I will do right to all manner of people after the laws and
usages of this Colony,without fear or favour,affection or ill will.
So help me God.
5.The oath of allgiance and the official oath shall be taken by
each of the officers named in Part I of the schedule as soon as
may be after his acceptance of office,and such oaths shall be ten-
dered by the officer and in the manner in that behalf mentioned
in the said Part.
6.The oath of allegiance and the judicial oath shall be taken
by each of the officers named in Part II of the schedule as soon as
may be after his acceptance of office,and such oaths shall be ten-
dered by the officer and in the manner in that behalf mentioned in
the said Part.
7.-(1)A member of the Executive Council shall take the oath
of allegiance and an oath of fidelity in the discharge of his duties
in the form following:-
I, ,being chosen and admitted of His
Majesty's Executive Council in this Colony,do swear that I will,
to the best of my judgment,at all times when thereto required,
freely give my counsel and advice to the Governor,Lieutenant-
Governor,or Officer Administering the Government of this Colony
for the time being,for the good management of the public affairs
of this Colony;that I will not directly or indirectly reveal such
matters as shall be debated in Council and committed to my
secrecy;but that I will in all things be a true and faithful
Councillor. So help me God.
(2)The said oaths shall be tendered by the Governor. 8.A member of the Legislative Council shall take the oath of
allegiance only,and the same shall be tendered by the Governor.
9.-(1)The Clerk of the Councils shall take the oath of
allegiance and an oath of secrecy in the form following:-
I, ,having been appointed Clerk of the
Councils in this Colony,do swear that I will not directly or
indirectly reveal such matters as shall be debated in the Executive
Council and committed to my secrecy. So help me God.
(2)The said oaths shall be tendered by the Colonial Secretary.
[s.10,rep. No. 8 of 1912.]
11.If any person declines or neglects,when any oath required
to be taken by him under this Ordinance is duly tendered,to take
such oath,he shall,is he has already entered on his office,vacate
the same,and,if he has not entered on his office,be disqualified
from entering on the same;but no person shall be compelled in
respect of the same appointment to the same office to take such
oath more times than one.
[s.12,rep.No. 8 of 1912.]
13.Where,previously to the commencement of this Ordinance,
the taken of the oaths of allegiance,supremacy,and abjuration,
or any two or one of such oaths,or any oath substituted therefor,
formed a condition precedent or subsequent to the attainment by
any person of any office,privilege,civil rights,exemption,or other
benefit,there shall be substituted for such oaths or any two or
one of them,or for such substituted oath,the oath of allegiance
prescribed by this Ordinance.
14.Where in any oath under this Ordinance the name of His
present Majesty is expressed,the name of the Sovereign for the
time being shall be substituted.
15.When an oath is required to be taken under this Ordinance,
every person permitted by law to make a solemn affirmation or
declaration instead of taking an oath may,instead of taking such
oath,make a solemn affirmation in the form of oath hereby ap-
pointed,substituting the words 'solemnly,sincerely,and truly
declare and affirm' for the word 'swear' and omitting the words
'So help me God.' SCHEDULE.
PART I.[s.5.]
The Colonial Secretary, The oaths to be tendered by the
The Attorney General, Governor.
The Treasurer, }
PART II.[s.6.]
The Judges, The Oaths to be tendered by the
{ Govenor.
The Registrar General, The oaths to be tendered by the
The Magistrates, Clerk of the Councils in the
The Marine Magistrate, presence of the Governor.
The Registrar of the Supreme
Court and the Deputy Re-
gistrars, }
The Justices of the Peace, The oaths to be tendered by a
{ Magistrate.

Short title. Oath of allegiance. [31 & 32 Vict.c. 72 s. 2.] Official oath. [ib.s.3.] Judicial oath. [ib.s.4.] Persons to take oath of allegiance, and official oath. [ib.s.5.] Persons to take oath of allegiance and judicial oath. [ib.s.6.] Oaths of Executive Councillor. Oath of Legislative Councillor. Oaths of Clerk of Councils. Consequence of officer, etc., not taking required oath. [31 & 32 Vict.c. 72 s. 7.] Oath of allegiance substituted for oaths of supremacy, and abjuration. [ib.s.8.] Use of name of Sovereign for time being. [ib.s.10.] Provisions for persons permitted to make affirmations. [ib.s.11.]

Short title. Oath of allegiance. [31 & 32 Vict.c. 72 s. 2.] Official oath. [ib.s.3.] Judicial oath. [ib.s.4.] Persons to take oath of allegiance, and official oath. [ib.s.5.] Persons to take oath of allegiance and judicial oath. [ib.s.6.] Oaths of Executive Councillor. Oath of Legislative Councillor. Oaths of Clerk of Councils. Consequence of officer, etc., not taking required oath. [31 & 32 Vict.c. 72 s. 7.] Oath of allegiance substituted for oaths of supremacy, and abjuration. [ib.s.8.] Use of name of Sovereign for time being. [ib.s.10.] Provisions for persons permitted to make affirmations. [ib.s.11.]

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TREASONABLE OFFENCES ORDINANCE, 1868

No. 3 of 1868.

To assimilate the Law of this Colony respecting Treasonable
Offences to the Law of the United Kingdom. [21st November,1868.]

1. The Treasanable Offences Ordinance, 1868.

2. The provisions of the Act 36 George III, chapter 7, made
perpetual by the Act 57 George III, chapter 6, and all the pro-






visions of the last-inentioned Act in relation thereto, save such of
the same respectively as relate to the compassing, imagining, in-
venting, devising, or intendino, death or destruction,or any bodily
harm tending to death or destruction, maim or wounding,im-
prisonment or restraint of the person of the heirs and successors
of His Majesty King George the Third,and the expressing,
uttering or declaring of such compassings,imaginations, inven-
tions, devices, or intentions, or any of them, shall cease to be of
force in this Colony.

3. If any person whosoever, compasses, imagines, invents, de-
vises, or intends to deprive. or depose our Most Gracious Lord the
King from the style, honour, or royal name of the Crown of the
United Kingdom or of any other of His Majesty's dominions or
countries, or to levy war against His Majesty within any part
of the United Kingdom, in ordor by force or constraint to compel
him to change his measures or counsels, or in order to put
any force or constraint upon, or to intimidate or overawe, both
Houses or either House of Parliainent, or in order to move or stir
any foreigner or stranger with force to invade the United Kingdom

or any other His Majesty's dominions or countries under the
obeisance of His Majesty and expresses such compassings, imagi-
nations, inventions, devices, or intentions, or any of them, with
or declares them by publishing any printing or writing,or by open

and advised speaking,or by any overt act or deed,he shall be
guilty of felony,and shall be liable to imprisonment for life.

4. Provided always that no person shall be prosecuted for any
felony by virtue of this Ordinance in respect of such compassings,
imaginations, inventions, devices, or intentions as aforesaid, in so

far as the same are expressed, uttered, or declared by open and
advised speaking only, unless information of such compassings,
imaginations, inventions, devices, and intentions and of the words
by which the same were expressed,utters,or declared, is given
upon oath to a Justice of the Peace within 6 days, after such words
have been spoken, and unless a warrant for the apprehension of
the person by whom such words have been spoken is issued within
10 days after such information has been given as aforesaid, and

that no person shall be convicted of any sich compassings,
imaginations,inventions,devices,or intentions as aforesaid,in so
far as the same are expressed,uttered,or declared by open or
advised speaking as aforesaid,except on his own confession in open
Court or unless the words so spoken are proved by two credible
witnesses.
5.In an indictment for any felony under this Ordinance,it shall
be lawful to charge against the offender any number of the matters,
acts,or deeds by which such compassings,imaginations,inven-
tions,devices,or intentions as aforesaid,or any of them,have been
expressed,uttered,or declared.
6.Provided always that nothing herein contained shall lessen
the force of or in any manner affect anything enacted by the statute
passed in the 25th year of King Edward III,entitled 'A Declara-
tion which offences shall be adjudged Treason.'
7.If the facts or matters alleged in an indictment for any felony
under this Ordinance amount in law to treason,such indictment
shall not,by reason thereof,be deemed void,erroneous,or de-
fective;and if the facts or matters proved at the trial of any
person charged with any felony under this Ordinance amount in
law to treason,such person shall not,by reason thereof,be titled
to be acquitted of such felony;but no person tried for such felony
shall be afterwards prosecuted for treason upon the same facts.
8.-(1)In the case of every felony punishable under this Or-
dinance,every principal in the second degree and every accessory
before the fact shall be punishable in the same manneras the
principal in the first degree is by this Ordinance punishable.
(2)Every accessory after the fact to any such felony shall be
liable to imprisonment for any term not exceeding 2 years.
Short title. Repeal of 36 Geo. III c. 7 and 57 Geo. III c. 6, except as to offence against person of the Sovereign. [11 & 12 Vict.c. 12 s. 1.] Compassing to deprive the King of the honour or name of Crown of United Kingdom. [ib.s.3.] Time within which prosecution to be commenced, warrant issued, etc. [ib.s.4.] Charging of more than one overt act in indictment. [11 & 12 Vict.c.12 s. 5.] Saving as to 25 Edw. III s. 5 c. 2. [ib.s.6.] Case of offence proved being other than offence charged, etc. [ib.s.7.] Punishment of accessories. [ib.s.8.]

Short title. Repeal of 36 Geo. III c. 7 and 57 Geo. III c. 6, except as to offence against person of the Sovereign. [11 & 12 Vict.c. 12 s. 1.] Compassing to deprive the King of the honour or name of Crown of United Kingdom. [ib.s.3.] Time within which prosecution to be commenced, warrant issued, etc. [ib.s.4.] Charging of more than one overt act in indictment. [11 & 12 Vict.c.12 s. 5.] Saving as to 25 Edw. III s. 5 c. 2. [ib.s.6.] Case of offence proved being other than offence charged, etc. [ib.s.7.] Punishment of accessories. [ib.s.8.]

https://oelawhk.lib.hku.hk/items/show/785

FIRE BRIGADE ORDINANCE, 1868

No.2 of 1868.

For the establishment of a Fire Brigade. [23rd May,1868.]
WHEREAS it is expedient to make further provision for the protection
of life and property from fire:-
1.The Fire Brigade Ordinance, 1868.
2.It shall be lawful for the Governor to select from the police
and any others volunteering for the duty a force to whom shall
be entrusted the duty of extinguishing fires and protecting life
and property in case of fire,and to furnish the said force with such
fire-engines,horses,accoutrements,tools,and implements as may
be necessary for the complete equipment of the said fprce or con-
ducive to the efficient performance of its duties.
3.-(1)The force shall be called 'The Hongkong Fire
Brigade',and shall be under the command of an officer to be
called 'The Superintendent of the Hongkong Fire Brigade'.
(2)The Superintendent and men composing the said Brigade
shall be appointed and removed at the pleasure of the Governor.
4.The Governor-in-Council shall fix the amount of salaries and
working-pay to be payable to members of the Fire Brigade,and
may also make regulations fixing the amount of compensation to be
made to them in case of accident or to their wives or families in
case of their death,and likewise the gratuities to be paid to persons
giving notices of fires,and those to be awarded to any member of
the said Brigade or to any other person for extraordinary services
performed in cases of fire;and the Treasurer is hereby authorised
to make all payments so ordered by the Governor-in-Council.
5.-(1)The Superintendent may make regulations,subject to
the approval of the Governor-in-Council,for the general manage-
ment and discipline of the Brigade and may impose penalties not
exceeding 25 dollars,or punishment by confinement to station for
a period not exceeding one week,for any breach of such regula-
tions.
Any member of the Brigade who refuses to pay any such penalty
or to undergo any such punishment shall be liable to instant
dismissal by the Govenor.
(2)The Superintendent may,without reference to the Governor,
but subject always to disallowance or revision by the Governor,
make departmental orders for the efficient working of the Brogade,
the due regulation of the internal economy thereof,and the carry-
ing out of the daily routine of the Brigade.
6.-(1) On the accasion of a fire, the Superintendent or other
officer in charge of the Brigade may take the command of any
volunteer fire brigade or other persons Ao voluntarily place their
services at his disposal, and may remove or order any fireman to
remove any persons interfering by their presence with the opera-
tions of the Brigade, and generally may take such meassures as
may appear expedient for the protection of life and, property, and
may, by himself or by his men,break into or through and take
possession of, or blow up with gunpowder or pull down, any pre-
mises for the purpose of putting an end to a fire.
(2)The Superintendent of the Brigade or other officer in charge
thereof may close any street in or near which a fire is burning, and
may remove any pesons who interfere by their presence with the
operations of the Brigade.
(3) Any officer or member of the Brigade acting bona fide under
the powers conferred by this Ordinance shall not be liable to any
action for damages for any act done under this section.
(4) Any damage occasioned by the Brigade in the execution of
their duties shall be deemed to be damade by fire within the mean-
ing of any policy of insurance against fire.

7. Every person who is required by the Superintendent or officer
for the time being in charge of the Brigade to co-operate with any
Fire Brigade, whether consisting of volunteers or not, so that the
same are approved by the Governor, or in the, working of any fire
engine, or in the suppression of fire shall be bound to obey such
requisition, under a penalty, for every case at disobedience, recover-
able on summary conviction, not exceeding 50 dollars.
[s. 8 rep. No. 1 of 1908.]
Short title. Selection and equipment of Fire Brigade. Constitution of Brigade. Fixing of salaries, etc., of members of Brigade. Regulations. Departmental orders. Powers of Superintendent, officers, and members of Brigade.
Power to require persons to cooperate with Brigade.

Short title. Selection and equipment of Fire Brigade. Constitution of Brigade. Fixing of salaries, etc., of members of Brigade. Regulations. Departmental orders. Powers of Superintendent, officers, and members of Brigade.
Power to require persons to cooperate with Brigade.

https://oelawhk.lib.hku.hk/items/show/784

SUPPRESSION OF PIRACY ORDINANCE, 1868

No.1 of 1868.

To make provision for the more effectual suppression of Piracy.
[23rd May,1868.]
1.The Suppression of Piracy Ordinance,1868. 2.Every person who knowingly sets forth any pirate;or who
aids,assists,maintains,procures,commands,counsels,or advises
any person whomsoever to do or commit any piracy,shall be guilty
of felony,and shall be liable to imprisonment for any term not
exceeding 15 years:
Provided that where in consequence of such setting forth,aid,
assistance,maintenance,procurement,command,counsel,or ad-
vice,a piracy with murder is committed,such person shall be guilty
of felony,and shall suffer death or be liable to imprisonment for
life.
[s.3,comvined in s.2, by No.63 of 1911.]
4.Every person who-
(1)trades with any pirate,knowing him to be guilty of piracy
or to be fitted out with the intention of committing piracy;or
(2)with the like knowledge,furnishes any pirate with arms,
ammunitions ,provisions,or stores of any kind;or
(3)fits out any junk,vessel,or boat knowingly and with a design
to trade with,supply,or correspond with any pirate;or
(4)in any way consults,combines,confederates,or corresponds
with any pirate,knowing him to be guilty of piracy,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 10 years.
5.Every person who-
(1)knowingly receives,entertains or conceals any person guilty
of an act of piracy;or
(2)takes into his custody,without lawful authority or excuse,
any junk,vessel,boat,goods,or chattels which has or have been
feloniously taken by such pirate,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 10 years:Provided that the expression 'takes
into his custody' shall be satisfied by proof that the goods and
chattels alleged to have been taken into custody were found in any
house or premises,or on board any junk,vessel,or boat,within
which the person charged may be found and of which said goods
and chattels he is unable to give a satisfactory account. 6.Every person who,being found within the Colony on board
any junk,vessel,or boat equipped for the purposes of piracy ,is
unable to satosfy the Court that he was not on board such junk,
vessel,or boat with his own consent or with the knowledge that
the same was equipped for the purposes of piracy shall be guilty of
felony,and shall be liable to imprisonment for any term not exceed-
ing 3 years.
7.If any person is convicted of any offence under this Ordinance
whose age does not,in the opinion of the Court,exceed 16 years,it
shall be lawful for the Court,in addition to or in lieu of the sentence
passed or omitted to be passed,to direct such offender to be sent,
at the expiration of such sentence or forthwith,as the case may
be,to a Reformatory School (if the directors or managers thereof
are willing to receive him),and to be there detained for a period
not exceeding 5 years.
8.It shall be lawful for the Governor-in-council to frame regula-
tions to be enforced on summary conviction by such fines and
penalties as may be deemed expedient,including forfeiture of
vessel,for preventing all or any description of fishing vessels and
trading junks from carrying all or any description of arms or
munitions of war,including stink pots:Provided that such
penalties,irrespective of forfeiture of vessel,shall not exceed in
any one case a fine of 500 dollars or imprisonment for one year.
9.All local laws,statutes,Ordinances,and usages inconsistent
with the provisions of this Ordinance shall be and the same are
hereby declared to be of no force and effect whatsoever within this
Colony.
10.nothing in this Ordinance shall be construed in any way to
take away,abridge,or affect the jurisdiction now exercise by the
Supreme Court.
Short title. Setting forth pirate; where piracy with murder committed. Trading, etc., with pirate. Receiving, etc., pirate or taking into custody junk, etc., piratically stolen. Being found on board piratical junk, etc., and unable to prove non-complicity. Juvenile offenders. Regulations for prevention of carrying arms, etc., in fishing vessels and trading junks. Repeal of inconsistent laws. Saving of jurisdiction.

Short title. Setting forth pirate; where piracy with murder committed. Trading, etc., with pirate. Receiving, etc., pirate or taking into custody junk, etc., piratically stolen. Being found on board piratical junk, etc., and unable to prove non-complicity. Juvenile offenders. Regulations for prevention of carrying arms, etc., in fishing vessels and trading junks. Repeal of inconsistent laws. Saving of jurisdiction.

https://oelawhk.lib.hku.hk/items/show/783

ORDER AND CLEANLINESS ORDINANCE, 1867

No.2 of 1867.

To make further provision for the Maintenance of Order and
Cleanliness. [1st July,1867.]
1.The Order and Cleanliness Ordinance,1867.
[s.2,rep.No.31 of 1911.]

3.It shall be lawful for the Governor-in-Council to frame re-
gulations,to be enforced by such fines and penalties as to him may
seem fit,for the removal of night-soil and the depositing of rubbish.

[s.4,transferred to No.5 of 1865,s.5, by the Final Revision
Ordinance 1912.]
[ss.5,6,7,rep.No. 8 of 1912.]
Short title. Removal of night-soil and rubbish.

Short title. Removal of night-soil and rubbish.

https://oelawhk.lib.hku.hk/items/show/782

MAHOMEDAN CEMETERY ORDINANCE, 1867

No. 1 of 1867.

Mahomedan Cemetery

For enabling Her Majesty to resume possession of the Mahome-
dan Cemetery. [10th August,1867.]
WHEREAS by an indenture dated 10th October,1858,all that piece
or parcel of ground described in the schedule was granted by Her
Majesty unto Sheik Mosdeen,Mahomed Arab,and Seik Jumma,
to hold the same for all the estate and interest by the said inden-
ture granted upon trust as a burial ground for the Mussulman
community in Hongkong (hereinafter called the old cemetery);
AND WHEREAS it has become expedient that no further burials
should take place therein;AND WHEREAS Her Majesty has been
pleased to grant another piece or parcel of ground for the purpose
of being used as a burial ground for the Mussulman community
in lieu of the piece or parcel of ground first hereinbefore men-
tioned:-
1.The Mahomedan Cemetery Ordinance,1867.
2.The said indenture shall become null and void as if the same
had never been made.
[s.3,rep.No.50 of 1911.]
4.-(1)It shall not be lawful to bury the dead in any part of the
old cemetery.
(2)Every person who buries any body,or in anywise acts or
assists in the burial of any body therein shall be guilty of a misde-
meanor,and shall be liable to a fine not exceeding 100 dollars,or
to imprisonment,without hard labour,for any term not exceeding
3 months.


5.The remains of any body buried in the old cemetery and any
monument or gravestone thereon may be removed by leave of the
Governor-in-Council.

SCHEDULE.

All that piece or parcel of ground situate,lying,and being in the
sub-district of Victoria called Sei-Ying-Poon,abutting on the North
side thereof on Bonham Road and measuring thereon 300 feet;on the
South side thereof on ground now in the possession of the Govern-
ment and measuring thereon 350 feet;on the East dside thereof on
ground now in the possession of the Government and measuring
thereon 465 feet;and on the West side thereof on ground now in the
possession of the Government and measuring thereof 467 1/2 feet;
which said piece or parcel of ground contains in the whole 3 areas.
2 roods,31 perches,and 25 square yards,and is registered in the
Land Office as Inland Lot No. 582 in the names of Sheik Mosdeen,
Mahomed Arab,and Seik Jumma.
Short title. Cesser of estate in old cemetery. Prohibition of burials in old cemetery. Removal of remains from old cemetery.

Short title. Cesser of estate in old cemetery. Prohibition of burials in old cemetery. Removal of remains from old cemetery.

https://oelawhk.lib.hku.hk/items/show/781

HONGKONG AND SHANGHAI BANK ORDINANCE, 1866

No. 2 of 1866.

Hongkong and Shanghai Bank

For the incorporation of the Hongkong and Shanghai Banking
Corporation. [14th August, 1866.]
WHEREAS several persons have agreed to form a joint stock com-
pany, under the name or style of 'The Hongkong and Shanghai


Banking Corporation,' for the purpose of carring on the business
of banking and of conducting all bussiness usually transacted by
bankers; AND WHEREAS, for the purpose of establishing and
carrying on the said undertaking, they have agreed that a capital
of 5,000,000 dollars, divided into 46,000 shares of 125 dollars
each, shall be raised in the first instance,with power to increase
such capital to the extent and in the manner hereinafter men-
tioned; AND WHEREAS the said several persons have for some
time been carrying on theof bankers as an unregistered
and un-incorporated company; AND WHEREAS, for the better
accomplishing and carrying into effect the objects and purposes
of the said company, they have applied to the Governor to grant
to them and all other the subscribers of such capital an Ordi-
nance of Incorporation,which the Governor has consented and
agreed to do, under and subject to the conditions, restrictions,
and provisions hereinafter contained:-

1.The Hongkong and Shanghai Bank Ordinance,1866.
[s.2,rep.No. 50 of 1911.]
3.Such and so many persons and bodies politic and corporate
as now are or may hereafter become proprietors of any share of
or in the capital of the company hereby established,shall be one
body politic and corporate,in name and in deed,by the name of
'The Hongkong and Shanghai Banking Corporation', (herein-
after called 'the company'),and by that name shall and may
sue and be sued in all Courts,whether of law or of equity,and
shall have perpetual succession,with a common seal,which may
be by them varied and changed at their pleasure.
4.-(1)The company is and shall be established for the purppose
of carrying on,under the management of a Court of Directors,the
business of banking in the Colony:Provided always that nothing
herein contained shall be deemed to restrict the company,with
the consent of the Commissioners of His Majesty's Treasury (such
consent being signified in writing under the hands of the said
Commissioners or any two of them),from establishing any branch
banks or any agencies for exchange,deposit,and remittance at
any place out of the Colony in conformity with the law fo such
place.
(2)The company shall continue incorporated and shall carry on
the business of banking under the provisions and conditions con-
tained in this Ordinance for a term of 21 years commencing from
14th August,1908.
5.-(1)The capital of the company shall consist of 5,000,000
dollars divided into 40,000 shares of 125 dollars each.
[remainder of s.5 and ss.6,7,8, and 9 rep.No.50 of 1911.]
10.Within 12 months from the date of this Ordinance the per-
sons who have subscribed for at least one-half of the said capital
of 5,000,000 dollars,shall,to the satisfaction of the Governor
(evidence by a notification or proclamation under the hand of
the Governor published in the Gazette),enhter into and execute
a deed of settlement (and so as each person so executing shall




hold at least 5 shares in the said capital), wbich deed of settlement
shall be filed with the Registrar of Companies within 12 months
from the date thereof, whereby provision shall be made for carry-
ing on the business of the company by a Court oF Directors to be
elected by the shareholders of the company, as by the said deed
may he provided, and whereby provision shall also be made for the
payment by the shareholders of all moneys to become due in respect
of the instalments on the shares taken by them, and also of such
further or other sums as are hereinafter provided, and in which
said deed shall be contained (in addition to all such further provi-
sions as may by the Governor he considered necessary and usual
in like cases for the management of the affairs of the company)
provisions for effectuating the following objects:-
1st. For holding general meetings of the company once at least
in every year at an appointed time and place; 2nd. For holding
extraordinary general meetings of the company on the requisition
of 9 or more shareholders, holding in the whole at least 2,000
shares in the company ; 3rd. For the management of the affairs
of the company and the election and qualification of the directors ;
4th. For the retirement of at least one-fourth of the directors of
the company yearly; 5th. For preventing the company from pur-
chasing any shares, or making advances of money, or securities for
money, to any person on the security of share in the company;
6th.For the publication, as may be directed in the said deed, of
the assets and liabilities of the company. of the arnounts of pro-
missory notes in circulation, and of the coin held in the establish-
ments of the company in the Colony or elsewhere ; 7th. For the
verification of such statements, an(i for the furnishing of such
further information as the Governor may require, respecting th6
state and proceediligs of the banking establishments of the com-
pany in the Colony or elsewhere; 8th. For the yearly audit of the
accounts of the company by two or more auditors, not baing direc-
tors at the time ; 9th. For the yearly communication of the audi-
tors' report, of a balance sheet, and of profit and loss accounts to
every shareholder ; and 10th. For file. appointment of managers,
or agents, or other officers to perform the duties of managers or
agents.

11. The provisions of this Ordinance, and the provisions in the
said deed of settlement or in any supplemental deed to be made






in pursuance thereof, or to be contained in any by-laws made in
pursuance of any such deed, shall be taken to be the existing rules
and regulations of the company, except so far as the same may
be repugnant to the laws of the Colony or of any ports, towns,
cities, or places where the company may carry on business,or to
the provisions of this Ordinance:Provided, nevertheless, that no
by-law or supplemental deed shall have any force or effect until the
same has been approved by the Governor and a certificate of such
approval has been given under his hand.

12.-(1) lt shall be lawful for the company to make, issue, and
circulate bills and notes of the company payable to bearer on
demand at the place of issue and in coin lawfully current at such
place, and to re-issue the same from the place at which the same
were originally issued.
(2) Without prejudice to the conditional privilege now possessed
by the company of issuing and re-issuing froin the head office a
limited number of notes oE smaller amount, subject to their un-
conditioiial withdrawal from circulation should the Government
decide to issue small notes of lower denomination than 5 dollars,
no such bills or note shall hereafter be issued for any other sum
than the sum of 5 dollars or some multiple of such sum, or other
equivalent amount.
(3) All such bills or notes issued in any colony or other place
from any establishment of the company,not being the principal
establishment of the company in such colony or place, shall be
made payable not only at the establishment from which the same
were issued but also at the principal establishment of the company,
in such colony or place.
(4)Nothing herein contained shall exempt the company, from
the operation of any laws restricting or regulating the issue of notes
in the colony or in any place outside the colony where the company
has banks or branch banks.
(5) The shareholders of the company shall be subject to un-
limited liability in respect of all or any such issues of bills or notes,
and in case the general assets of the company are in the event of
the company being wound tip, insufficient to satisfy the claims of
both the note-holders and the general creditors, then thee share
holders of the company, after satisfying the remaining demands
of the note-holders, shall be liable to contribute towards payment






of the debts of the general creditors a sum equal to the amount
received by the note-holders out, of the general assets of the
company.
(6) For the purposes of this section the expression 'the general

assets of the company' means the funds available for payment of
the general creditors as well as the note-holders.

13.-(1) The total amount of the bills and notes of the company
payable to bearer on demand actually in circulation shall not at any
time exceed the amount of the capital of the company actually paid
up,and there shall be kept by each establishment of the company
an amount of coin and bullion equal to one-third at least of such of
the said bills and notes as were issued from such establishment and
are for the time being in circulation.
2) The company shall at all times keep deposited, either with
the Crown Agents or with frustees to be appointed by the Secretary
of State, or party with such Crown Agents and partly with such
trustees, coin of denominations to be approved by the Secretary of
State, or securities to be so approved,or partly such coin and partly
such securities, equal to one-third of the total paid-up capital of the
company,namely ,10,000,000 dollars,such coin or security or such
coin and securities to be held by the Crown Agents or by the Said
trustees, separately or jointly, as special funds exclusively available

for the redemption of the bills and notes oayable to bearer on
demand issued by the company,and, in the event of the company
becoming insolvent, to be applied accordingly as far as may be
necessary, but without prejudice to the rights of the holders of such
bills and notes to rank with other creditors of the company against

the assets of the company.
(3) Notwithstanding the restriction imposed by sub-section (1)
of this section upon the total number of the bills and notes
of the company payable to bearer oil demand actually in circula-
tion, bills and notes of the, company payable to bearer on demand
may, until the 13th August, 1929, be issued and be in actual
circulation to an amount in excess of the capital of the company
actually paid up,if there has been specially deposited and is kept
in the custody of the Colonial Secretary and the Treasurer an
amount of coin, or bullion, or coin and buIlion equal to the whole







value of such excess issue for the time being actually in circulation,
to be held by the said Colony Secretary and Treasurer exclusively
for the redemption of such bills and notes, wherever he same may
have been issued: Provided nevertheless that nothing herein con-
tained shall exempt the company from the operation of any laws
restricting or regulating the issue of bills or notes in the Colony
or in any place outside the Colony where the company has banks
or branch banks.
14. The total amount of the debts and liabilities of the company
of what nature or kind soever shall not at any time exceed the
aggregate amount of the then existing bona fide assets and pro-
perty of the company and the sum for which its shareholders are
liable under the provisions herein contabied.
15. If at any time there is a suspenshn of payment of any of the
bill or notes of the company, it shall not be lawful for the com-
pany, during the ontinuance of such suspension of payment, to
make any fresh issue of bills or notes.
16. The company shall not discount, or in any manner advance
money upon, bills of exchange, promissory notes, or other negoti-
able paper in or upon which the name of any director or officer of
the company appears as drawer or acceptor, either on his individual
or separate account , or jointly with any partner, or otherwise than
as a director or officer of the company, to an amount exceeding one-
third of the amount of the sum for the time being under discount or
advanced by tbe company, nor shall any director be allowed to
obtain credit on his own personal guarantee.
17. It shall be lawful for the company, notwithstanding the
Statutes of Mortmain or any other statutes or laws to the contrary,
to purchase, hold, take and enjoy such houses, offices, lands, build-
ings, and hereditanients as may be thought necessary or proper for
the purpose of managing, conducting, and carrying on the affairs,
concerns, and business of the company, but not for the purpose
of speculation or any other purpose than as aforesaid, and so as,
no such houses,offices,lands, or buildings shall be more than the
yearly value of 30,000 dollars at the time of acquiring the same or
of such further yearly value as may be sanctioned by the Governor,
and to sell, convey, and dispose of the said property or any portion
or part thereof, when not wanted for the purposes of the said
business.

28.All person and bodies politic and corporate who are other-
wise competent shall be and are hereby authorised and em-
powered to grant,sell,alien,and convey in mortmaim unto and to
the use of the company any such houses,offices,lands,buildings,
and other hereditaments whatsoever as aforesaid.
19.-(1)It shall not be lawful for the company to make any
purchase of messuages,lands,or hereditamnets in the Colony or
elsewhere beyond the annual value of 30,000 dollars at the time
of acquiring the same,or of such further annual value as may be
sanctioned by the Governor.
(2)When any such purchase is made,the directors shall,within
3 months from the making and completing thereof,report the same
in writing to the Governor,stating the amount of the purchase
money and giving a description of the property so purchased,and
such other particulars relating thereto as may be required by the
Governor.
(3)In case any property so purchased is re-sold,the company
shall within 14 days give notice in writing to the Colonial Secretary
of such re-sale and of the price obtained for the same.
20.Except for the puroises aforesaid,it shall not lawful for the
company to invest,lay out,employ,advance,or embark any part
of its capital or funds in the purchase of any lands,houses,or other
real property,or in an trading or mercantile speculation or busi-
ness whatsoever (not usually considered as falling within the
ordinary and legimate purposes and operations of a banking
establishment),but it shall,nevertheless be lawful for the com-
pany to take and accept any lands,houses,or other real or
personal property in satisfaction,liquidatin,or payment of any
ddebt absolutely and bona fide previously due and owing to the
company,and also to take any mortgage or other lien or charge
on real or personal property as a security for any monrys actually
and bona fide previously due to the company or for which any
person may have rendered himself liable to the company,and to
hold such lands,houses,and other real and personal property
respectively for such reasonable time as may be necesary for selling
and disposing of and converting the same into money.
21.It shall be lawful for the company to sell,dispose of,and
convert into money any goods,wares,or meerchandise which may




be taken by it in satisfaction,liquidation,or payment of any debt,
and also to sell and convey any lands, houses, and other real pro-
party wbatsoever, goods,ware, or merchandise, which it may have
acquired in manner aforesaid.

22. It shall be lawful for the company, notwithstanding anything
contained in section 5 or in the deed of settlement, from time to time
to extend or increase its capital for the time being by the creation
and sale of new shares, so as the same is made with the consent of a
General (Extraordinary)Meeting of the shareholders to be special-
ly called for that purpose, and with the consent previously obtained
of the Governor, and under such conditions and provisions as he
may think fit, such consent being evidenced by a notification or
proclamation to that effect under the hand of the Governor and
published in the Gazette,and so as the total amount of the capital
of the company shall not exceed the sum of 20,000,000 dollars;
Provided that whenever and so often as any further capital is raised
then a notification or proclamation to that effect, under the hand
of the Governor, shall be published in the Gazette, and the present
capital of 10,000,000 dollars together witb such further capital shall
thenceforth be taken to be the fixed capital of the company, but
with power nevertheless further to increase such capital from time
to time as is herein provided : Provided always and it is hereby
expressly declared that, notwithstanding the provisions of section
13, nothing herein contained shall authorise or empower the com
pany to issue bills and notes payable to bearer on demand to an
amount exceedincy the sum of 10,000,000 dollars, being the amount
of the capital of the company actually paid up on 1st January,
1907, without first deposition and at all times keeping deposited
either with the Crown Agents or at the option of the company
with trustees to be appointed by the Secretary of State, or at the
like option partly with such Crown Agents and partly with such
trustees, coin of denominations to be approved by the Secretary
of State, or securities to be so approved, or partly such coin and
partly such securities, to an ainount equal in value to such increase
of capital, such coin or securities, or such coin and securities to be
held by the Crown Agents, or by the said trustees separately or
jointly as special funds cxclusively available for the redemphon
of such increased issue of bills and notes by the company payable
to bearer on deniand, and in the event of the company becoming






insolvent to be applied accordingly as far as may be necessary, but
without prejudice to the rights of the holders of such bills and notes
to rank with other creditors of the company against the assets of
the company.
[s. 23, No. 50 of 1911.]
24. The directors shall, if and whenever they may be required
to do so by the Governor, produce and submit to him, or to such
persons or officers as he may apoint for the purpose, for his or their
inspection and examination, the several accounts and statements
which by the said deed of settlement may be directed to be made
and furnished.
25. If the company becomes insolvent, every shareholder shall,
in addition to his liability for the amount of the issue of notes under
the provisions of section 12, be liable to contribute to the payment
of the debts, engagements, and liabilities of the company not only
such parts of the shares held by him as have not been thereto-
fore called for and paid up, but also such further sums of money,
not exceeding the amount of the shares so held by him as may bp
requisite and necessary to satisfy and the discharge the debts,engage-
ments, and liabilities of the company.
26. In the said deed of settlement,and in every transfer of any
shares in the company, due provision shall be made for the payment
by the shareholders of such amounts as aforesaid.
27. In the event of the insovency of the company,or of any
suspension in the payments of the company for the space of 60 days
in succession or for any number of days at intervals which amount
altogether to 60 days within any one year, or if the company has
not well and truly maintained, abided by, performed, and observed
all the rules, orders, provisions and directions contained herein and
in the said deed, then and in any of such cases it shall be lawful for
the Governor, with the advice of the Legislative Council by an
Ordinance to be passed for that purpose, to repeal this Ordinance
and declare that the incorporation hereby granted to the company
shall cease and determine and become absolutely void.

28.-(1)Subject as hereinafter mentioned,the company may
be wound up by the Supreme Court,and all the provisions of the






Companies Ordinance with respect to the winding-up of companies
registered thereunder shall apply to the company as if expressly
re-enacted in this Ordisance, save and except in such respects as
the same inay be altered or modified as hereafter mentioned or
provided for.
(2) The circumstances under which the company may be wound
up are as follows:-
(a) in the event of the company being dissolved, or ceasing to carry on
business, or carrying on business onlly for the purpose of
winding up its affairs ; or
(b) whenever the company is unable to pay its debts; or
(c) whenever the Court is of opinion that it is just and equitable that the
company should be wound up.
(3) The company shall be deemed unable to pay its debts--
(a) whenever a creditor to whom the company, is indebted, at
law or in equity, by assignment or otherwise, in a sum exceeding
300 dollars then due, has served on the company, by leaving the same
at the principal place of business of the company, or by delivering
to the manager or some director or principal officer of the company,
or by otherwise serving the same in such manner as the Court may

approve or direct, a demand under his hand requiring the company
to pay the sum so due, and the company has, for the space of 3
weeks succeeding the service of such demand, neglected to pay such
sum or to secure or compound for the same to the satisfaction of
the creditor ; or
(b) whenever execution or other process issued on a Judgment,
decree, or order obtained in any Court in favour of any creditor, at
law or in equity, in any proceeding instituted by such creditor
against the company,is returned unsatisfied in whole or in part ; or
(c) whenever it is proved, to the satisfaction of the Court, that
the company is unable to pay its debts.

29. On the determination of the term of 21 years mentioned in
section 4 (2) hereof the powers and privileges hereinbefore conferred
on the company shall cease, unless the Governor, with the advice

of the Legislative Council,declares to the contrary and by an
Ordinance to that effect authorises the company to continue in-
corporated under the aforesaid provisions for a further term of 10
years or for such period and under such provisions and conditions
as may be contained in the said Ordinance.
[s.30,rep.No.50 of 1911.]
Short title. Incorporation. Period of incorporation. Capital of company. Execution of deed of settlement, and filing thereof with Registrar of Companies. Rules and regulations. Power to issue bills and notes payable to bearer on demand, and conditions of such issue. Limit of amount of issue of bills and notes. Security required in respect of ordinary note issue. Excess note issue permitted under certain conditions. Limit of total debts and liabilities. Right of note issue suspended if payment suspended. Limit of accommodation to directors and officers. Power to hold lands and buildings, subject to certain restrictions. Power to convey lands in mortmain to company. Notification of purchase and re-sale of lands. Prohibition against purchase of other lands and against trading, but with power to accept land and personal property as security for moneys owing. Power to sell and convert property taken as security. Power to increase capital under certain conditions. Production of accounts and statements. Liability of shareholders for debts of company in case of insolvency. Provisions to be included in deed and in transfers. Provisions for repeal of the Ordinance on happening of certain events. Winding-up of company. [cf. No. 58 of 1911.] Power to extend period of incorporation.

Short title. Incorporation. Period of incorporation. Capital of company. Execution of deed of settlement, and filing thereof with Registrar of Companies. Rules and regulations. Power to issue bills and notes payable to bearer on demand, and conditions of such issue. Limit of amount of issue of bills and notes. Security required in respect of ordinary note issue. Excess note issue permitted under certain conditions. Limit of total debts and liabilities. Right of note issue suspended if payment suspended. Limit of accommodation to directors and officers. Power to hold lands and buildings, subject to certain restrictions. Power to convey lands in mortmain to company. Notification of purchase and re-sale of lands. Prohibition against purchase of other lands and against trading, but with power to accept land and personal property as security for moneys owing. Power to sell and convert property taken as security. Power to increase capital under certain conditions. Production of accounts and statements. Liability of shareholders for debts of company in case of insolvency. Provisions to be included in deed and in transfers. Provisions for repeal of the Ordinance on happening of certain events. Winding-up of company. [cf. No. 58 of 1911.] Power to extend period of incorporation.

https://oelawhk.lib.hku.hk/items/show/780

COINAGE OFFENCES ORDINANCE, 1865

No. 7 of 1865.

To consolidate and amend the Laws against Offences relating to
the Coin. [20th October,1865.]
1.The Coinage Offences Ordinance,1865.
2.In this Ordinance,-
'The King's current gold and silver coin' includes any gold or
silver coin,and 'the King 's copper coin' includes any copper coin
and any coin of bronze or mixed metal,and 'the King's current
coin' includes any coin whether made of golds,silver,copper,
bronze,or muxed metal,coined in any mint in His Majesty's
dominions or any such coin lawfully current,by virtue of any
proclamation or otherwise,in any part of His Majesty's dominions,
whether within this Colony or otherwise:
The expression 'false or counterfeit coin resembling,or ap-
parently intended to resemble or pass for,any of the King's
current gold or silver coin' includes any of the current coin which
has been gilt,silvered,washed,coloured,or cased over,or in
any manner altered,so as to resemble,or be apparently intended
to resemble or pass for,any of the King's current coin of a higher
denomination:
Where the having any matter in the custody or possession of any
person is mentioned in this Ordinance,it includes not only the




having of it by himself in his personal custody or possession, but
also the knowingly and wilfully having it in the actual custody or
possession of any other person, and also the knowingly and wilfully
having it in any dwelling house or other building, lodging, apart-
ment, field, or other place, open or enclosed, whether belonging to
or occupied by himself or not, and whether such matter is so had
for his own use or benefit or for that of any other person.

Offences relating to the King's gold and silver coin.
3. Every person who falsely makes or counterfeits any coin
resembling, or apparently intended to resemble or pass for, any of
the King's current gold or silver coin shall be guilty of felony, and
shall be liable to imprisonment for life.

4. Every person who-
(1) gilds or silvers, or, with any wash or materials capable of
producing the colour or appearance of gold or of silver or by any
means whatsoever,washes,cases over,or colours any coin what-
soever resembling, or apparently intended to resemble or pass for,
any of the King's current gold or silver coin ; or

(2) gilds or silvers, or, with any wash or materialls capable of
producing the colour or appearance of gold or of silver or by any
means whatsoever, washes, cases over, or colours, any piece of
silver or copper, or of coarse gold or coarse silver, or of any metal
or mixture of metals respectively, being of a fit size and figure to
be coined, and with intent that the same shall be coined, into false
and counterfeit coin resembling, or apparently intended to resemble
or pass for, any of the King's current gold or silver coin ; or

(3) gilds, or with any wash or materials capable of producing
the colour or appearance of gold or by any means whatsoever,
washes, cases over, or colours, any of the King's current silver
coin, or files or in any manner alters such coin, with intent to make
the same resemble or pass for any of the King's current gold coin;
or



(4) gilds or silvers, or,with any wash or materials capable of
producing the colour or appearance of gold or of silver or by any
means whatsoever, washes, cases over, or colours, any of the

King's current copper coin,or files or in any manner alters such
coin,with intent to make the same resemble or pass for any of the
King's current gold or silver coin,
shall be guilty of felony,and shall be liable to imprisonment for
life.
5.Every person who,without lawful authority or excuse,buys,
sells,receives,pays,or puts off,or offers to buy,sell,receive,pay,
or put off,any false or counterfeit coin resembling,or apparently
intended to resemble or pass for,any of the King's current gold or
silver coin,at or for a lower rate or value than the same imports or
was apparently intended to import,shall be guilty of felony,and
shall be liable to imprisonment for life.
6.Every person who,without lawful authority or excuse,imports
or receives into this Colony from beyond the seas,or from any part
of China,any false or counterfeit coin resembling,or apparently
intended to resemble or pass for,any of the King's current gold or
silver coin,knowing the same to be false or counterfeit,shall be
guilty of fwlony,and shall be liable to imprisonment for life.
7.Every person who,without lawful authority or excuse,exports
or puts on board any ship,vessel,or boat,for the purpose of being
exported from this Colony,any false or counterfeit coin resembling,
or apparently intended to resemble or pass for,any of the King's
current coin,knowing the same to be false or counterfeit,shall be
guilty of a misdemeanor,and shall be liable to imprisonment for
any term not exceeding 2 years.
8.Every person who tenders,utters,or puts off any false or
counterfeit coin resembling,or apparently intended to resemble or
pass for,any of the King's current gold or silver coin,knowing the
same to be false or counterfeit,shall be guilty of a misdemeanor,
and shall be liable to imprisonment for any term not exceeding one
year.
9.Every person who tenders,utters,or puts off any false or
counterfeit coin resembling ,or apparently intended to resemble or
pass for,any of the King's current gold or silver coin,knowing the
same to be false or counterfeit.and,at the time of such tendering, uttering,or putting off,has in his custody or possession,besides
the false or counterfeit coin so tendered,uttered or put off,any other
piece of false or counterfeit coin resembling,or apparently intended
to resemble or pass for,any of the King's current gold or silver coin,
or,either on the day of such tendering,uttering,or putting off or
within the space of 10 days then next ensuing,tenders,utters,or
puts off any false or counterfeit coin resembling,or apparently
intended to resemble or pass for,any of the King's current gold
or silver coin,knowing the same to be false or counterfeit,shall
be guilty of a misdemenaor,and shall be liable to imprisonment
for any term not exceeding 2 years.
10.Every person who has in his custody or possession three or
more pieces of false or counterfeit coin resembling,or apparently
intended to resemble or pass for,sny of the King's cureent gold or
silver coin,knowing the same to be false or counterfeit,and with
intent to utter or put off the same or any of them,shall be guilty
of a misdemeanor,and shall be liable to imprisonment for any term
not exceeding 3 years.
11.Every person who,having been convicted of any such mis-
demeanor as is mentioned in any of the last three sections or of
any felony against this Ordinance afterwards commits any of the
misdemeanors mentioned in any of the said sections shall be guilty
of felony,and shall be liable to imprisonment for life.
12.Every person who,with intent to defraud,tenders,utters,
or puts off as or for any of the King's current gold or silver coin
any coin not being such current gold or silver coin,or any medal
or piece of medal or mixed metals,resembling in size,figure,and
colour the current coin as or for which the same is so tendered,
uttered,or put off,such coin,medal,or piece of medal or mixed
metals so tendered,uttered,or put off being of less value than the
current coin as or for which the same is so tendered,uttered,or
put off,shall be guilty of a misdemeanor,and,shall be liable to
imprisonment for any term not exceeding one year.
Offences relating to the King's copper coin.
13.Every person who- (1)falsely makes ore counterfeits any coin resembling,or ap-
parently intended ro resemble or pass for,any of the King's current
copper coin;or
(2)without lawful authority or excuse,knowingly makes or
mends,or begins or proceeds to make or mend,or buys or sells ,or
has in his custody or possession any instrument,tool,or engine
adapted and intended for the counterfeiting any of the King's
current copper coin;or
(3)buys,sells,receives,pays,or puts off,or offers to buy,sell,
receive,pay,or put off,any false or counterfeit coin resemble,or
apparently intended to resemble or pass for,any of the King's
current copper coin,at or for a lower rate or value than the same
imports or was apparently intended to import,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years.
14.Every person who-
(1)tenders,utters,or puts off any false or counterfeit coin
resembling,or apparently intended to resemble or pass for,any
of the King's current copper coin,knowing the same to be false or
counterfeit;or
(2)has in his custody or possession three or more pieces of
false or counterfeit coin resemble,or apparently intended to
resemble or pass for,any of the King's current copper coin,know-
ing the same to be false or counterfeit,and with intent to utter or
put off the same or any of them,
shall be guilty of a misdemeanor,and shall be liable to imprison-
ment for any term not exceeding one year.
Offences relating to foreign coin.
15.Every person who makes or counterfeits any kind of coin,
not being the King's current gold or silver coin,but resemblinh
or apparently intended to resemble or pass for,any gold or silver
coin of any foreign prince,state,or country,shall be guilty of
felony,and shall be liable to imprisonment for any term not
exceeding 7 years.
16.Every person who,without lawfulk authority or excuse,brings
or receives into this Colony any such false or counterfeit coin resembling,or apparently intended to resemble or pass for,any
gold or silver coin of nay foreign prince,state,or country,knowing
the same to be false or counterfeit,shall be guilty of felony,and
shall be liable to imprisonment for any term not exceeding 7 years.
17.Every person who tenders,utters,or puts off any such false
or counterfeit coin resembling,or apparently intended to resemble
or pass for,any gold or silver coin of any foreign prince,state,or
country,knowing the same to be false or counterfeit,shall be guilty
of a misdemeanor,and shall be liable to imprisonment for any term
not exceeding 6 months.
18.-(1)Every person who,having been so convicted as is
mentioned in the last section,afterwards commits the like offence
of tendering,uttering,or putting off any such false or counterfeit
coin as aforesaid,knowing the same to be false or counterfeit,shall
be guilty of a misdemeanor,and shall be liable to imprisonment for
any term not exceeding 2 years.
(2)Every person who,having been so convicted of a second
offence,afterwards commits the like offence of tendering,uttering,
or putting off any such false or counterfeit coin as aforesaid,know-
ing the same to be false or counterfeit,shall be guilty of felony,
and shall be liable to imprisonment for life.
19.Every person who falsely makes or counterfeits any kind of
coin,not being the King's current coin,but resembling,or ap-
parently intended to resemble or pass for,any copper coin or any
other coin made of any metal or mixed metals or less value than the
silver coin of any foreign prince,state,or country,shall be guilty
of a misdemeanor,and shall be liable for the first offence to im-
prisonment without hard labour for any term not exceeding one
years,and for the second offence to imprisonment for any term not
exceeding 7 years.
20.-(1)Every person who,without lawful authority or excuse,
has in his custody or possession any greater number of pieces than
5 pieces of false or counterfeit coin resembling,or apparently in-
tended to resemble or pass for,any gold or silver coin of any foreign
prince,state,or country,or any such copper or other coin as is mentioned in the last sect6ion,shall,on conviction thereof before a
Magistrate,forfeit alll such false and counterfeit coin (which shall
be cut in pieces and destroyed by order of the Magistrate) and shall
for every such offence be liable to a fine not exceeding 10 dollars
for every such oiece of false and counterfeit coin which is found in
his custody or possession,one moiety of which shall go to the
informer.
(2)In case any such penalty is not forthwith paid,it shall be
lawful for the Magistrate to deal with the offender according to the
law relating to summary conviction.
Miscellaneous offences relating to coin.
21.Every person who,without lawful authority or excuse,-
(1)knowingly makes or mends,or beings or proceeds to make
or mend,or buys or sells,or has in his custody or possession nay
puncheon,counter puncheon,matrix,stamp,die,pattern,or
mould,in or upon which there is or ate made or impresses,or
which will make or impress,or which is adapted and intended to
make or impress the figure,stamp,or apparent resemblance of
both or either of the sides of any of the King's current gold or
silver coin,or of any coin of any foreign prince,state,or country,
or any part or parts of both or either of such sides;or
(2)makes or mends,or begins or proceeds to make or mend,
or buys or sells,or has in his custody or possession any edger,
edging or other tool,collar,instrument or engine adapted and
intended for the marking of coin round the edges with letters,
grainings,or other marks or figures apparently resembling those
on the edges of any such coin as in this section aforesaid,knowing
the same to be so adapted and intended as aforesaid;or
(3)makes or mends,or beings or proceeds to make or mend,
or buys or sells ,or has in his custody or possession any press for
coinage,or any cutting engine for cutting ,by force of a screw or
of any other contrivance,round blanks out of gold,silver,or other
metal or mixture of metals,or any other machine,knowing such
press to be a press for coinage or knowing such engine or machine
to have been used or to be intended to be used for or in order to
the false making or counterfeiting or any such coin as is mentioned
in this section,




shall be guilty of felony, and shall be liable to imprisonment for
life.
[s. 22, rep. No. 50 of 1911.]

Supplemental provisions.
23. Where, on the trial of any person charged with any offence
against this Ordinance, it is necessary to prove that any coin pro-
duced in evidence against such person is false or counterfeit, it shall
not be necessary to prove the same to be false and counterfeit by
the evidence of any moneyer or other officer of the mint, but It
shall be sufficient to prove the same to be false or counterfeit by
the evidence of any other credible witness.

24. Every offence of falsely making or counterfeiting any coin,
or of buying, selling, receiving, paying, uttering, or put-
ting off, or of offering to buy, sell, receive, pay, utter, or put off
any false or counterfeit coin, against the provisions of this Ordin-
ance, shall be deemed to be complete, although the coin so made
or counterfeited, or bought, sold, received, paid, tendered, uttered,
or put off, or offered to be bought, sold, received, paid, uttered, or
put off, may not be, in a fit state to be uttered or the counterfeiting
thereof may not be finished or perfected.

25,-(1)Whenever it appears to any Justice of the Peace,upon
the oath of any person, that there is reasonable cause to suspect
that any person has been concerned in counterfeiting the King's
current gold, silver, or copper coin or any such foreign or other coin
as is mentioned in this Ordinance, or has in his custody or posses-
sion or under his control, in any building, vessel, or place, any such
false or counterfeit coin, or any instrunient, tool, or engine whatso-
ever adapted and intended for the making or counterfeiting of any
such coin, or any other rnachine used or intended to be used for
making or counterfeiting any such coin, such Justice of the Peace
may, by his warrant directed to any police. officer, empower such
officer, by day or by night,-
(a) to enter,and ,if necessary, to break into, such building,
vessel, or place, and therein to search for and seize any such false
or counterfeit coin and any such instrument, tool, or engine, and
any such machine as aforesaid; and






(b) to arrest every person, being in such building, vessel, or
place, who appears to have such coin, instrument, tool, engine, or

machine in his costody or possession or under his control, and to
bring every such person before a Magistrate to be dealt with accord-

ing to law.
(2) All such false and counterfeit coin, and all instruments,
tools, and engines adapted and intended for the making or counter-
felting of coin, and all such machines as aforesaid shall, after thev
have been so seized, be carried before a Magistrate, who shall have
power, whether any person is charged with or convicted of any
offence or not, to order the forfeiture of such coin, instruments,
tools, engines, and machines as aforesaid and the delivery of the
same either to the Treasurer or to any person authorised by him in
writing to receive, the same.
26. It shall be lawful for any person whatsoever to apprehend
any person who may be found committing any indictable offence
against this Ordinance,and to convey or deliver him to some officer
of police, in order to his being conveyed as soon as reasonably may
be before a Magistrate to be dealt with according to law.
[s. 27, No. 31 of 1911.]
28.-(1) In the case of any felony punished under this Ordi-
nance, every principal in the second degree,and every accessory
before the fact, shall be punishable in the same manner as the prin-
cipal in the first degree is by this Ordinance punishable.

(2) Every accessory after the fact to any felony punishable under
this Ordinance shall be liable to imprisonment for any term not
exceeding 2 years.
29. Where any person having been convicted of any offence
against this Ordinance, is afterwards indicted for any offence

against this Ordinance committed subsequent to such conviction,
and on his trial for such subsequent offence gives evidence of his
good character, it shall be lawful for the Attorney General, in
answer thereto, to give evidence of the conviction of such person
for the previous offence, before any verdict is returned, and the
jury shall inquire concerning such previous conviction at the same
time that they inquire concerning such subsequent offence.

[ss. 30, 31, rep. No. 30 of 1911.]


32-(1) Whenever any person is convicted of any indictable
misdemeanor punishable under this Ordinance, the Court may, in
addition to or in lieu of any of the punishments authorised by this
Ordinance, fine the offender, and require him to enter into his own
recognizances and to find sureties, both or either, for keeping the
peace and being of good behaviour.
(2) In the case of any felony punishable under this Ordinance
the Court may require the offender to enter into his own recogniz-
ances and to find sureties, both or either, for keeping the peace,
in addition to any punishment authorised by this Ordinance : Pro-
vided that no person shall be imprisored under this section for
not finding sureties for any period exceeding one year.
[s. 33,rep. No.50 of 1911.]


Short title. Interpretation of terms. [24 & 25 Vict.c. 99 s.1.] Counterfeiting King's gold or silver coin. [24 & 25 Vict.c.99 s. 2.] Colouring counterfeit coin or metal, with intent to make it pass for King's gold or silver coin. [ib.s.3.] Buying, etc., counterfeit King's gold or silver coin for less than its denomination. [24 & 25 Vict.c. 99 s. 6.] Importing counterfeit King's gold or silver coin. [ib.s.7.] Exporting counterfeit King's coin. [ib.s.8.] Uttering counterfeit King's gold or silver coin. [ib.s.9.] Uttering counterfeit King's gold or silver coin. with circumstances of aggravation. [ib.s.10.] Having three piece of counterfeit King's gold or silver coin, with intent. [24 & 25 Vict.c. 99 s. 11.] Second offence of uttering, etc. [ib.s. 12.] Uttering false coin, medal, etc. as gold or silver coin, with intent. [ib.s.13.] Counterfeiting, making: or having tools for counterfeit- ing: buying, etc., counterfeit copper coin. [24 & 25 Vict.c. 99 s.14.] Uttering, having in possession three counterfeit copper coins. [ib.s.15.] Counterfeiting foreign gold or silver coin. [ib.s.18.] Importing counterfeit foreign gold or silver coin. [ib.s.19.] Uttering counterfeit foreign gold or silver coin. [24 & 25 Vict.c. 99 s. 20.] Uttering counterfeit foreign gold or silver coin, after previous conviction. [ib.s.21.] Counterfeiting foreign coin, other than gold or silver coin. [ib.s.22.] Having possession of more than 5 pieces of counterfeit foreign coin. [ib.s.23.] Making, mending or having possession of coining tool. [24 & 25 Vict.c. 99 s. 24.] Proof of coin being counterfeit. [24 & 25 Vict.c. 99 s. 29.] When counterfeiting, etc., to be deemed complete. [ib.s.30.] Power to issue search warrant for counterfeit coin or instrument for coining. Power to apprehend offenders. [24 & 25 Vict.c. 99 s. 31.] Principals in second degree and accessories. [ib.s.35.] Second or subsequent offence. [ib.s.37.] Fine and sureties for keeping the peace. [24 & 25 Vict.c. 99 s. 38.]